Mayende Criminal Litigation Notes

Mayende Criminal Litigation Notes - COUNCIL OF LEGAL...

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Maye nde Pag e 1 COUNCIL OF LEGAL EDUCATION KENYA SCHOOL OF LAW THE ADVOCATES TRAINING PROGRAMME COMMERCIAL TRANSACTIONS ATP 101 4 TH AUGUST 2012
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KENYA SCHOOL OF LAW (2012/2013) CRIMINAL LITIGATION COURSE OUTLINE Course Instructors: Mr. Simiyu Murambi Mr. Justice Benjamin Kubo Mr. Abdi Hassan FIRST SEMESTER 1. INTRODUCTION Criminal Litigation Content Overview of Criminal Law principles 2. JURISDICTION AND STRUCTURE OF COURTS Magistrates’ courts and tribunals; High Court; Court of Appeal; Supreme Court; International Criminal Court. 3. ARRESTS Arrest without warrant. Arrest with warrant. 4. IDENTIFICATION PARADES What are identification parades? Conduct of the ID parades; Production of ID parade evidence. 5. PREPARATION OF FILES FOR TRIAL Contents of the Police/Prosecution file; Contents of the Advocates file; Contents of the Court file.
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6. COMPLAINT AND CHARGE Methods and Rules of framing charges Defects in drafting charges: Duplicity &Lack of Ingredients; Capital charges; Alternative charges; Conspiracy; Attempts; Joinder of persons; Joinder of counts; Amendment of charges; Motion to quash( application to dismiss) 7. PLEAS Introduction: The Nature of a plea. Equivocal and unequivocal plea Plea agreements Change of plea Autrefois acquit Autrefois convict Pardon 8. BAIL ANDBOND (a) Bail - Police bond; - Anticipatory bail; - Bail pending or during trial; - Bail pending appeal. (b) Sureties and Discharge of sureties; (c) Forfeitures/Noncompliance with bail terms; (d) Recognizance. PROCESS OF BAIL/ BOND
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Securities;
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Verification process; Sureties and Discharge of sureties; Forfeitures/Noncompliance with bail terms. 9. PRE-TRIAL CONFERENCING Meeting accused person before arraignment; Advocate-prosecution communication; Recording of witness statements; Application for witness statement; Pre-Trial Management. SECOND SEMESTER 10. TRIAL PROCESS AND MATTERS ARISING a) The trial process Right to a fair hearing; Opening statement/address; Examination of witnesses (ordinary or special witnesses, e.g. minors, expert witnesses, refractory or hostile witnesses); Production of exhibits; Trial within a trial; Close of prosecution case; Submissions (no case to answer, case to answer); Ruling; Defence (as the case may be); Final submissions. b) Pre & Post-Sentencing Proceedings Judgment; Victim impact assessment; Mitigation or aggravation; Sentencing process; Right of appeal.
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c) Lunacy or other incapacity of accused person Procedure in case of lunacy or other incapacity of an accused person.
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d) Other processes Transfer of cases; Termination of charges; Amicus curiae ; Watching brief.
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