Study-Unit Description

Study-Unit Description


CODE CRL3003

 
TITLE The Criminal Action and the Court of Magistrates

 
UM LEVEL 03 - Years 2, 3, 4 in Modular Undergraduate Course

 
MQF LEVEL 6

 
ECTS CREDITS 4

 
DEPARTMENT Criminal Law

 
DESCRIPTION Study-Unit Aims:

The aim of this study-unit is to examine the principles of Criminal Procedure, the nature of the criminal action, and the laws regulating who is entrusted with the exercise of the criminal action, how the criminal action is prosecuted and the forum where the criminal action is exercised.

Topics

- Purpose and scope of criminal procedure;
- Historical and Typical Systems;
- The criminal action;
- Obstacles to the exercise of the criminal action;
- Extinguishment of the criminal action;
- Court of Magistrates as a court of criminal judicature;
- Court of Magistrates as a court of criminal inquiry;
- The Attorney General;
- Inquiries relating to the in genere, inquests and reperti;
- Bail;
- Habeas Corpus.

Learning Outcomes:

Students develop specialized in-depth knowledge of Maltese law on criminal procedure. This leads to knowledge on what is the criminal action and how it is exercised in Malta. In particular the course starts with an analysis on the historical development of the law of criminal procedure such that the student understands the development of criminal procedure through space and time, and in particular in Malta. The purpose and scope of criminal procedure will be integrated with a study on the nature of the criminal action such that the reader understands the intricacies the basic theories of criminal procedure. This analysis makes and assessment of the obstacles to the exercise and extinguishment of the criminal action that will enhance the knowledge of the criminal action. The Court of Magistrates both acting as a court of criminal judicature as well as a court of criminal inquiry will be studied. This will enhance the knowledge of the student on the main forum where the criminal action is exercised. Apart from that the study-unit evaluates the role, the powers and the duties of the Attorney General as well as the Executive Police. This entails a thorough study on the role and powers of the prosecution and the powers of investigation of the Magistrate conducting the in genere or repertus such that the student will receive a comprehensive approach to typical investigation and prosecution systems. The concept of bail and habeas corpus will also be assessed in detail.

Skills:

During this study-unit, students develop better legal analytical skills making them understand the legal basics on manner in which the criminal action is exercised. Following this study-unit students learn how, as legal practitioners, whether they practice as defence counsel or as prosecutors, the criminal action is exercised - prosecuted or defended.

They learn:

- when to lodge a report, information or a complaint, thus setting the criminal action in motion;
- the laws regulating the manner how to prosecute the criminal action before the Court of Magistrates or how to defend a client before the same Court;
- the legal basics that lead them to defend or prosecute persons accused once they are arraigned before the Court of Magistrates both as a court of criminal judicature as well as a court of criminal inquiry;
- legal basics leading to making written and oral pleadings, criminal complaints, applications, notes of submissions and other legal documents that are filed before the Court of Magistrates;
- the criteria applicable for bail to be requested following an arraingment of an accused person before the Court of Magistrates;
- the procedures when Magistrates decide to proceed with an investigation relating to the in genere and what are the legal mechanics governing this legal institute.

Main Texts and Recommended Reading:

- Laws of Malta, Relative Legislation.
- Cross & Tapper, Law of Evidence.
- The "Mamo Notes" by Professor Sir Anthony Mamo.
- "Blackstone's Criminal Practice" 2009 by David Ormerod and The Right Honourable Lord Justice Hooper.
- "A Practical Approach to Criminal Procedure" by John Sprack (Paperback - 14 Oct 2004).
- "The Investigation And Prosecution Of Criminal Offences In England And Wales: The Law And Procedure" by C. et al. Philips (Paperback - 1 Jan 1981).
- "Smith and Hogan Criminal Law: Cases and Materials" by David Ormerod (Paperback - 28 May 2009).
- McCall Smith and Sheldon, Scots Criminal Law, Butterworths; 1992.
- Andrew Ashworth, Principles of Criminal Law, Clarendon Press; 1991.
- "Manuale di diritto penale" by Franscesco Antolisei, X edizione, Milano, 1985.
- "Codice di Procedure Penale" - by Studio Cataldi, 2009 - www.studiocataldi.it

 
ADDITIONAL NOTES Students taking this study-unit need to have a background in law.

 
STUDY-UNIT TYPE Lecture

 
METHOD OF ASSESSMENT
Assessment Component/s Sept. Asst Session Weighting
Examination (2 Hours) Yes 100%

 
LECTURER/S

 

 
The University makes every effort to ensure that the published Courses Plans, Programmes of Study and Study-Unit information are complete and up-to-date at the time of publication. The University reserves the right to make changes in case errors are detected after publication.
The availability of optional units may be subject to timetabling constraints.
Units not attracting a sufficient number of registrations may be withdrawn without notice.
It should be noted that all the information in the description above applies to study-units available during the academic year 2023/4. It may be subject to change in subsequent years.

https://www.um.edu.mt/course/studyunit