| CODE | CRL3005 | ||||||
| TITLE | The Powers of the Police and the Law of Evidence | ||||||
| UM LEVEL | 03 - Years 2, 3, 4 in Modular Undergraduate Course | ||||||
| MQF LEVEL | 6 | ||||||
| ECTS CREDITS | 4 | ||||||
| DEPARTMENT | Criminal Law | ||||||
| DESCRIPTION | - Role of the executive police in the criminal justice system - Powers and duties - Search and arrest - Arraignment - Remedies against the police/Habeas Corpus Rules - Evidence - General rules - Proof - Quantum of Proof - Relevance and admissability - Presumptions - Witnesses - Experts - Confessions - Competence and compellability of witnesses - Circumstantial evidence - Documentary evidence. The study-unit examines the rights of the person arrested and suspect, more commonly referred to as the habeas corpus rights. Methods of police investigations and their impact on suspects rights are also explored, including but not limited to situations of interrogation and searches. The study-unit will also govern the rules of evidence and in particular issues concerning witness depositions, documents, hearsay and video/audio recordings. Not only are the rules of evidence examined but also their impact in trial. Study-unit Aims This study-unit aims to deal with specific elements of Criminal law of procedure. In particular the role of the Executive Police, their powers and functions are analysed. Furthermore the manner in which the police conduct their investigations is studied. Learning Outcomes 1. Knowledge & Understanding: By the end of the study-unit the student will be able to: 1. Comprehend the main principles and notions governing criminal law in Maltese law. 2. Read and understand the main offences in criminal law forming part of the syllabus of criminal law. 3. Read and understand provisions of criminal law generally 4. Demonstrate an Understanding of the principle interplay in interpreting criminal law; 5. Understand the manner in which jurists and case-law assist in the interpretation of law. 2. Skills: By the end of the study-unit the student will be able to: 1. Apply and interpret criminal law provisions to given facts or cases 2. Assess particular situations especially issues of police arrest and apply criminal law procedural rules to this affect. 3. Determine whether a particular circumstance is in accordance with Maltese Law or whether there is a procedural irregularity. Main Text/s and any supplementary readings Recommended Reading: 1. Mamo: Notes on Criminal Law 2. Criminal Code, Chapter 9, Laws of Malta 3. Constitution of Malta, Chapter 1, Laws of Malta 4. The Interpretation Act, Chapter 249, Laws of Malta 5. Francesco Antolisei, Manuale di Diritto Penale, Giuffre’; 1996 6. McCall Smith and Sheldon, Scots Criminal Law, Butterworths; 1992 7. Andrew Ashworth, Principles of Criminal Law, Clarendon Press; 1991 8. Cross & Tapper, Evidence, Butterworths, 1990 9. John Frederick Archbold, Criminal Pleading: Evidence and Practice, 1996 |
||||||
| ADDITIONAL NOTES | Students taking this study-unit need to have a background in law. | ||||||
| STUDY-UNIT TYPE | Lecture and Independent Study | ||||||
| METHOD OF ASSESSMENT |
|
||||||
| LECTURER/S | Stefano Filletti |
||||||
|
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. |
|||||||