Questions and Answers
What may happen if the prosecution's decision is adjourned for further review?
What must the prosecution do for the judge's views on bargaining to be binding?
At what point may an accused change their plea from not guilty to guilty?
What occurs if the change of plea happens after being charged in front of a jury?
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What happens if no verdict is entered by the jury during the trial?
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What should a judge do if the defendant wishes to vacate a guilty plea that was entered without a jury verdict?
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What is the outcome if a defendant changes their plea on the second day of proceedings?
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What legal consequence can arise from a judge's decision to discharge the jury without any verdict?
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What is required for the judge to dismiss a charge upon an application for dismissal?
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Which statement accurately describes the nature of an application for dismissal?
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When looking at the evidence for an application for dismissal, how should a judge assess it?
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What limitation does the court have in preventing the Crown from proceeding with a prosecution?
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Which of the following must be demonstrated for a judge to assess the prosecution's proposed inferences?
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In what situation can the accused apply for dismissal of charges?
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What is the judge's role when considering evidence in an application for dismissal?
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How should the judge handle evidence that requires inferences to be drawn?
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What discretion does a judge have regarding a plea of guilty?
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Which of the following is NOT a requirement for taking a defendant's plea in the Crown Court?
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Under what circumstance can a judge withdraw a guilty plea?
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What must the prosecutor provide regarding an indictment in order to proceed with a trial?
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What is the first option available to the prosecution when a defendant pleads not guilty?
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Which statement accurately describes the effect of a prosecutor offering no evidence against a defendant who pleads not guilty?
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What is the role of a judge in exercising discretion regarding a plea withdrawal?
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What action must be taken when more than one indictment is presented?
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What does letting counts lie on file achieve for the prosecution?
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What occurs if a judge erroneously believes they have no power to allow plea withdrawal?
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In what scenario would the prosecution most likely choose to let counts lie on file?
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What potential advantage does requesting that an indictment lie on file provide to the prosecution?
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Which of the following accurately describes the process of letting counts lie on file?
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What must a defendant successfully demonstrate in an application for dismissal of charges?
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What could lead to a test on dismissal applications in court?
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Which of the following does NOT describe a valid option for the prosecution after a not guilty plea?
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What is the primary focus of the tests laid down by common law regarding unfitness to plead?
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Who has the burden of proof when asserting that the accused is unfit to plead?
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During which procedure is the indictment read to the accused?
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What happens if the accused pleads guilty to the first of two alternative counts?
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In a joint indictment against multiple accused, what is the normal practice during arraignment?
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What must the court determine regarding the accused’s understanding during the trial?
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What difficulty does the prosecution face if the accused is unfit to plead in certain offenses?
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What is the essential role of prosecuting counsel related to unfitness to plead?
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Study Notes
Indictment and Dismissal Applications
- An entire indictment can remain on file without objection.
- A defendant's ability to stand trial hinges on limitations within the court's discretion regarding Crown prosecutions.
- The accused may apply for dismissal of charges orally or in writing after receiving evidence documents, but before arraignment.
- Judges must dismiss charges if evidence is insufficient for a conviction; this applies to counts in the indictment.
Evidence Considerations in Dismissal
- Judges must consider all evidence against the accused in context, not in isolation.
- The judge assesses the inferences and conclusions the prosecution proposes, determining if a jury could reasonably draw them.
Withdrawal of Guilty Pleas
- Accused can withdraw a guilty plea up to the sentencing stage; this is a judicial discretion.
- This discretion also applies even when a not guilty plea has been entered.
Plea Procedure in Crown Court
- The Crown Court must identify the indictment the prosecutor wants read to the defendant and ensure accurate identification of the defendant.
- Requirements include confirming the indictment outlines each offense and particulars supporting the allegations.
- If multiple counts exist, each count must be addressed separately, except when one count negates another.
Fitness to Plead
- Fitness to plead is determined by common law tests, assessing whether the accused can understand the proceedings.
- Accused must demonstrate capability to defend themselves, challenge jurors, instruct legal representatives, and follow evidence.
- The burden of proof shifts depending on the party raising the unfitness claim.
Arraignment Procedure
- Arraignment involves reading the indictment to the accused and obtaining pleas for each count.
- In joint indictments, separate pleas are taken from each individual accused.
Prosecution Options After Pleas
- Following a not guilty plea, prosecution can either proceed to a contested trial, offer no evidence, or request the indictment to be left on the court file.
- If the prosecution offers no evidence, a not guilty verdict can be recorded without jury involvement, effectively acquitting the defendant.
Counts Lying on File
- The prosecution can ask for certain counts to lie on file, avoiding trials for counts where the accused pleads guilty but leaving other counts unresolved.
- This approach protects against an unfair acquittal on remaining counts where evidence may still exist.
Change of Plea
- An accused can change their plea from not guilty to guilty any time before a jury's verdict.
- Changing plea post-jury selection requires specific procedures and can lead to nullity of the trial if not conducted properly.
- The court may quash a conviction if there are issues with the prosecution or plea processing.
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Description
This quiz focuses on the nuances of dismissal applications in criminal law, specifically addressing the procedures and discretion of the court regarding the prosecution of the accused. It provides insight into the legal framework surrounding these applications and their implications on trial processes.