| CODE | CRL5008 | ||||||
| TITLE | Criminal Procedure 1 | ||||||
| UM LEVEL | 05 - Postgraduate Modular Diploma or Degree Course | ||||||
| MQF LEVEL | 7 | ||||||
| ECTS CREDITS | 5 | ||||||
| DEPARTMENT | Criminal Law | ||||||
| DESCRIPTION | This study-unit will analyse the basic legal principles highlighting the nature and exercise of the criminal action as well as the Court of Magistrates. It appraises the purpose and scope of the criminal action and criminal procedure in order to give students the possibility to understand better this topic. Historical and Typical Systems are assessed such that the student understands the development of criminal procedure through space and time. The nature of the criminal action is examined in order that the reader understands the intricacies of what lies at the basis of criminal procedure. This assessment also delves in the obstacles to the exercise and extinguishment of the criminal action. The course proceeds to analyse a main forum where the criminal action is exercised - The Court of Magistrates both acting as a court of criminal judicature as well as a court of criminal inquiry. Apart from that the study unit evaluates the role, the powers and the duties of the Attorney General. This entails a thorough study on the role and powers of the prosecution. To complement such study, this course further analyses the powers and duties of the Executive Police in the criminal justice system. This provides the student with a comprehensive approach to typical investigation and prosecution systems. The Law of evidence in criminal proceedings is assessed in detail in order to provide the student knowledge of how to exercise the criminal action and the rules setting the parameters within which eventually, as advocates, they will be in a position to exercise their role as defence lawyers or prosecutors. Special legal institutes such as inquiries relating to the in genere, inquests and reperti, bail as well as remedies against the police/Habeas Corpus Rules will be reviewed in order to provide a complete understanding of the exercise of the criminal action before the Court of Magistrates. Study-unit Aims: This study-unit aims at instructing students on the basic principles highlighting the exercise of the criminal action, the main forum where this is exercised as well as those prosecuting authorities entrusted with the exercise of the criminal action that is the attorney general and the executive police. Learning Outcomes: 1. Knowledge & Understanding: By the end of the study-unit the student will be able to: • Explain the organisation of the courts of criminal jurisdiction; • Illustrate the jurisdiction of each court of criminal jurisdiction; • Identify the powers of the courts of criminal jurisdiction. 2. Skills: By the end of the study-unit the student will be able to: • Examine laws in order to establish which is the competent court entrusted to hear a particular case; • Design an organisational chart of all courts of criminal jurisdiction; • Classify crimes in terms of the competent court of criminal jurisdiction entrusted by law to try those crimes. Main Text/s and any supplementary readings: Main Texts: Laws of Malta, Relative Legislation, Cross & Tapper, Law of Evidence. The "Mamo Notes" by Professor Sir Anthony Mamo. Supplementary Reading: "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). "Manuale di diritto penale" by Franscesco Antolisei, X edizione, Milano, 1985. "Codice di Procedure Penale" - by Studio Cataldi, 2009 - www.studiocataldi.it |
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| ADDITIONAL NOTES | Students taking this study-unit need to have a background in law. | ||||||
| STUDY-UNIT TYPE | Lecture and Tutorial | ||||||
| METHOD OF ASSESSMENT |
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| LECTURER/S | Aaron Marius Bugeja Stefano Filletti (Co-ord.) Stephen Tonna Lowell |
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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. |
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