| CODE | CRL2010 | ||||||
| TITLE | Procedure Before the Inferior Criminal Courts | ||||||
| UM LEVEL | 02 - Years 2, 3 in Modular Undergraduate Course | ||||||
| MQF LEVEL | 5 | ||||||
| ECTS CREDITS | 4 | ||||||
| DEPARTMENT | Criminal Law | ||||||
| DESCRIPTION | 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. It discusses the procedure before the Court of Magistrates as set out in the Criminal Code and the Juvenile Court Act. Study-Unit Aims: The aims of this study unit are to provide an analysis of Maltese Criminal Law in relation to the criminal action. It will also delve into the functions of Magistrates, Prosecuting Officers, the Attorney General, and Defence Counsel. Other aspects which this study-unit aims to provide information upon are inquests, bail, habeas corpus; the set up of the Inferior Courts and the procedures regulating these courts. Learning Outcomes: 1. Knowledge & Understanding: By the end of the study-unit the student will be able to: 1. Develop specialized in-depth knowledge of Maltese law on criminal procedure; 2. Analyse the historical development of the law of criminal procedure through space and time, and in particular in Malta; 3. Integrate the purpose and scope of criminal procedure with a study on the nature of the criminal action to understand the intricacies provided by the basic theories of criminal procedure; 4. Assess the obstacles to the exercise and extinction of the criminal action; 5. Evaluate the roles, powers and duties of the Attorney General, Magistrate, Defence Counsel and the Executive Police in the exercise of the criminal action. 2. Skills: By the end of the study-unit the student will be able to: 1. Develop better legal analytical skills making them understand the legal basics on manner in which the criminal action is exercised; 2. Write upon the exercise of the criminal action; 3. Comply with the procedure relevant to the Defence Counsel or Prosecuting Officer before the Inferior Criminal Courts. Main Text/s and any supplementary readings: Main Texts: 1. Mamo: Notes on Criminal Law, University of Malta, Msida. 2. Criminal Code, Chapter 9, Laws of Malta. 3. Juvenile Court Act, Chapter 287 of the Laws of Malta. Supplementary Readings: 1. David Ormerod and Karl Laird, Smith and Hogan's Criminal Law, Butterworths, 14th edition, May 2015. 2. Francesco Antolisei, Manuale di Diritto Penale, Giuffre鈥�, 2013. 3. Andrew Ashworth and Jeremy Horder, Principles of Criminal Law, Oxford University Press, Oxford, 2013. 4. McCall Smith and Sheldon, Scots Criminal Law, Butterworths Law, Scotland; 1992. 5. Cross & Tapper, Evidence, Oxford, Oxford University Press, 12th edition, 2010. 6. John Frederick Archbold, Criminal Pleading: Evidence and Practice, Lonson, Sweet & Maxwell, 1997. 7. "Codice di Procedure Penale" - by Studio Cataldi, 2009 - www.studiocataldi.it |
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| STUDY-UNIT TYPE | Lecture | ||||||
| METHOD OF ASSESSMENT |
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| LECTURER/S | Antoine Agius Bonnici Kathleen Grima |
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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 2025/6. It may be subject to change in subsequent years. |
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