| CODE | CRL5009 | ||||||
| TITLE | Criminal Procedure 2 | ||||||
| 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 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). Study-unit Aims: This study-unit aims at instructing students on the basic principles highlighting the exercise of the criminal action before superior courts of criminal juridiction, the manner in which trials by jury are instituted as well as the manner in whch 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. Learning Outcomes: 1. Knowledge & Understanding: By the end of the study-unit the student will be able to: • To explain how the criminal action is exercised before the Criminal Court and the Court of Criminal Appeal; • To describe the historical development of the law of criminal procedure governing trials by jury; • To 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. 2. Skills: By the end of the study-unit the student will be able to: • To analyse the procedure followed during the three stages of a criminal action; • To apply the law of criminal procedure to a given case; • To employ skills relating to oral and written submissions. 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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