Laws modules
Civil and criminal procedure [2660004]
This subject will require students to demonstrate an ability to analyse the substantive issues that underpin civil and criminal procedure. Civil and criminal procedure operates within broadly stated legal rules but this course will also consider the legal issues raised by particular areas of concern. The subject will be divided equally between civil and criminal procedure. Students will be expected to compare and contrast civil and criminal procedure and will need to have a good working knowledge of the court system and the way in which civil and criminal justice is organised and dispensed.
1. Introduction
· Aims and values of the civil process
· Civil court structure
· Aims and values of the criminal process
· Criminal court structure
Civil procedure
2. Civil process before trial
· Limitations
· Funding
· Court jurisdiction
· Parties and joinders - interpleaders
3. Commencement of proceedings
· Issuing and serving proceedings
· Renewal of process
· Service outside the jurisdiction
4. Responding to a claim
· Default judgements
· Statement of cases
· Track allocation
· Small claims track
· Fast track
· Multi-track
5. Case management
· Requests for further information
· Additional claims
· Part 8 claims and petitions
· Interim applications
6. Summary disposal
· Summary judgement
· Striking out, discontinuance and stays
· Interim payments
· Security for costs
7. Aspects of civil trial I
· Sanctions
· Disclosure
· Experts
· Witness statements and affidavits
· Hearsay evidence
· Admissions and documentary evidence
· Injunctions
8. Aspects of civil trial II
· References to ECJ
· Judgement and orders
· Part 36 orders and payments
· Costs
· Enforcement
· Appeals
Criminal procedure
9. Police powers and bail
· Arrest
· Detention
· Search and seizure
· Questioning
· Police practices
· Remedies for abuse of police powers
10. Charging and bail
· Formulation and amendment of charges
· Bail
11. Commencement of proceedings
· Transfers
· Indictments
· Preparation for trial
· Discovery and disclosure
· ID evidence
12. Aspects of criminal trial I
· Pleas and plea bargaining
· Juries
· Costs
13. Aspects of criminal trial II
· Sentencing
· Criminal appeals