Study-Unit Description

Study-Unit Description


CODE CRL5011

 
TITLE Law of Criminal Procedure

 
UM LEVEL 05 - Postgraduate Modular Diploma or Degree Course

 
MQF LEVEL 7

 
ECTS CREDITS 10

 
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.

This study-unit will also analyse the law setting up and regulating the Criminal Court and the Court of Criminal Appeal, as well as the manner in which trials are conducted before these Superior Courts. In so doing it explores the law regulating the Bill of Indictment as well as the procedure applicable before the Criminal Court. It deals also with the pleas of insanity and other collateral issues. It further analyses the procedures before the Court of Criminal Appeal (Inferior Jurisdiction) as well as the Court of Criminal Appeal (Superior Jurisdiction).

Finally the role of the executive police in the criminal justice system will be reviewed covering topics including: powers and duties, search and arrest, arraignment, remedies against the police/Habeas Corpus rules and rules of evidence. 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 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.

It also aims to instruct students on the basic principles highlighting the exercise of the criminal action before superior courts of criminal jurisdiction, the manner in which trials by jury are instituted as well as the manner in which prosecution of the criminal action takes place during trials by jury. Furthermore it aims to help students understand when and how appeals from judgments of the court of magistrates and the criminal court are made.

Finally, 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:
- Comprehend the main principles and notions governing criminal law in Maltese law.
- Read and understand the main offences in criminal law forming part of the syllabus of criminal law.
- Read and understand provisions of criminal law generally
- Demonstrate an Understanding of the principle interplay in interpreting criminal law;
- Understand the manner in which jurists and case-law assist in the interpretation of law;
- 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.
- Explain how the criminal action is exercised before the Criminal Court and the Court of Criminal Appeal;
- Describe the historical development of the law of criminal procedure governing trials by jury;
- Identify and relate the three stages of the trial before the Courts of Criminal jurisdiction, that is, the pre-trial, trial by jury and post trial by jury stages.
- Understand criminal investigations and the manner in which evidence can be presented in a criminal trial.

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.
- Analyse the procedure followed during the three stages of a criminal action;
- Apply the law of criminal procedure to a given case;
- Employ skills relating to oral and written submissions;
- Understand how evidence can be brought in a criminal trial and understand how criminal investigations are carried out.

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

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

 
STUDY-UNIT TYPE Lecture and Tutorial

 
METHOD OF ASSESSMENT
Assessment Component/s Assessment Due Sept. Asst Session Weighting
Examination (3 Hours) SEM2 Yes 100%

 
LECTURER/S Aaron Marius Bugeja
Stefano Filletti
Kathleen Grima
Elaine Mercieca

 

 
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