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Questions and Answers

What must an accused person prove for the court to grant bail?

The ability to pay the bail amount instantly.

That they are not a flight risk. (correct)

The absence of any criminal background.

The prosecution's inability to present a strong case.

Which of the following is NOT a factor considered by the courts under the Yin Yang Factors when determining bail?

Respondent's admission to creating fictitious receipts.

Risk of the respondent being kept in remand for an unreasonable period.

Nature of the charges under s 477A of the Penal Code.

Respondent's income level from employment. (correct)

What condition may NOT typically be included in a bail agreement?

Attendance for investigations or in court.

Non-interference with witnesses.

Payment of a fixed fee to the court. (correct)

Surrender of travel documents.

What is the primary purpose of the quantum of bail set by the court?

To ensure the bailor fulfills their duties without financial distress. Signup and view all the answers

What is a significant problem concerning the Criminal Case Disclosure Conference (CCDC)?

The defense cannot later change or contradict the submitted case. Signup and view all the answers

What is the minimum time frame required for filing a Notice of Motion before a hearing?

7 days Signup and view all the answers

According to the Criminal Procedure Code, what is the primary responsibility of the Magistrate's Court in relation to seized property?

To report the seized property to the appropriate authorities Signup and view all the answers

In which situation is the forfeiture of property considered mandatory rather than discretionary?

When statutory provisions dictate its seizure Signup and view all the answers

What does Section 364(1) of the CPC empower the court to do regarding property produced before it during a trial?

To make any order it deems fit for disposal Signup and view all the answers

What is the primary purpose of Section 372 of the CPC in relation to property entitlement?

To provide procedures when the entitled person is unknown or cannot be found Signup and view all the answers

What must the Prosecution disclose to the Defence according to s162 CPC?

Recording of statements Signup and view all the answers

What is the maximum timeframe within which the court must fix a CCDC date after the accused opts in, as specified in s167 CPC?

8 weeks Signup and view all the answers

Which of the following statements is NOT a purpose specified under s160 CPC?

Determining the judge's final ruling Signup and view all the answers

According to s165 CPC, what must the Defence's case include?

Any issues of fact or law Signup and view all the answers

What happens if the prosecution fails to serve cases in the required timeframe under s169 CPC?

Result may be in discharge not amounting to acquittal Signup and view all the answers

For which type of court does CCDC apply according to the provided content?

District Court Signup and view all the answers

Under the CCDC procedures, when does an accused automatically qualify for these procedures?

If the offences are specified in the Second Schedule of the CPC. Signup and view all the answers

When must the Defence bundle be filed according to s163 CPC?

Within 2 weeks of opt-in Signup and view all the answers

What is outlined in s210 CPC regarding case transmission?

Transmission to the General Division of the High Court Signup and view all the answers

What is the rule regarding the accused's choice in opting out of the CCDC procedures?

The accused has a unilateral choice to opt out. Signup and view all the answers

Which of the following offences is considered a bailable offence?

Causing Hurt Signup and view all the answers

According to the Criminal Procedure Code, when must bail be offered as of right?

In situations where the accused is not likely to abscond. Signup and view all the answers

Which statement about non-bailable offences is correct?

They are offenses punishable by death or life imprisonment. Signup and view all the answers

In which scenario can a police officer or court grant bail for a non-bailable offence?

If there are no reasonable grounds for believing the accused has committed the offence. Signup and view all the answers

Which of the following statements regarding bailable and non-bailable offences is false?

Police bail can be granted for non-bailable offences. Signup and view all the answers

Which of the following conditions leads to an accused not being released on bail?

There is evidence the accused intends to abscond. Signup and view all the answers

What must the court do if a plea in mitigation is qualified?

Reject the plea in mitigation Signup and view all the answers

Under what circumstances can an offender retract a guilty plea?

If there are valid and sufficient grounds in the interest of justice Signup and view all the answers

Which of the following is a key factor the court may consider when deferring a sentence?

Prior convictions and criminal history Signup and view all the answers

During the trial, how can a report by a qualified person be used as evidence?

Without the need for calling the qualified person to testify Signup and view all the answers

What action is permitted by the court regarding antecedents in sentencing?

To compound antecedents for sentencing purposes Signup and view all the answers

What must occur after retraction of a guilty plea is accepted?

A new trial must be conducted Signup and view all the answers

What does s364 CPC pertain to regarding court decisions?

Disposal of property by the court Signup and view all the answers

What is required for the court to take consideration of an offense?

Consent from both parties involved Signup and view all the answers

What must the Defence do when making closing submissions?

Make closing submissions first Signup and view all the answers

What is the burden of proof in a criminal case?

It lies with the Prosecution Signup and view all the answers

What happens if the Court finds an accused not guilty?

A discharge amounting to an acquittal is ordered Signup and view all the answers

When can the Prosecution make a final right of reply?

After the Defence submits their closing arguments Signup and view all the answers

What must occur before a witness can be impeached based on a prior inconsistent statement?

The witness must be given the opportunity to explain Signup and view all the answers

In the event of an appeal, what is the time limit for filing a notice of appeal?

14 days after the sentence Signup and view all the answers

What is the consequence of a successful impeachment of a witness?

Only the inconsistent portions are struck out Signup and view all the answers

What limitation exists regarding appeal against an acquittal in private prosecutions?

There is no appeal against the sentence or acquittal Signup and view all the answers

Study Notes

Taking Instructions

Obligations under the Legal Profession (Professional Conduct) Rules 2015 for Prosecutors
- Within a reasonable time after a conviction but before sentencing, inform the court of:
  - Any previous convictions of the accused.
  - Relevant factors and precedents for the sentence.
  - Any known mitigating circumstances if the accused is unrepresented.
Obligations under the Legal Profession (Professional Conduct) Rules 2015 for Defence Counsel
- When conducting proceedings for a client, do not:
  - Fabricate evidence or facts, regardless of whether it supports the client's case.
  - Draft legal documents (originating process, pleadings, affidavits, witness statements, or notices) containing unsupported or unreasonable allegations.
  - Draft such documents containing fraud allegations without verifiable evidence.
  - Draft such documents containing factual statements that a witness would not give orally, if requested, by their instructions.
Obligations when defending an accused regardless of personal opinion (Rule 14(3)(b)). A legal practitioner representing an accused must not express personal opinion on the guilt of that person nor let this affect professional assessment of facts or the law, nor legal practitioner's conduct of the proceedings.

Absence from Trial or Hearing

A legal practitioner representing an accused must not be absent from a trial or hearing without reasonable grounds.
- Communicate the grounds for absence to the accused person before the trial or hearing.
- Make reasonable efforts to arrange for another legal practitioner to take over the proceeding.

Accused Absconding

If an accused absconds, the legal practitioner representing them may:
- Apply to be discharged from representing them.
- Continue to conduct the defence based on existing instructions, as if the person was present but silent.

Disclosure of Previous Convictions

Legal practitioners representing an accused are not required to disclose previous convictions or antecedents, but must not adduce evidence or make submissions that are inconsistent with them.

Advising Client to Plead

Legal practitioners must advise an accused whether to plead guilty or claim trial.

Mitigation Plea

If the accused has pleaded guilty or been found guilty in trial, the legal practitioner representing them must not make scandalous allegations or intended to vilify, insult, or annoy anyone.

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