Syllabus for Criminal Procedure

1.       An introduction to criminal procedure in Hong Kong

An overview of the criminal courts

Magistrates’ Court (including Juvenile Court) District Court

Court of First Instance (“CFI”) Court of Appeal

Court of Final Appeal Classification of offences

Summary offences Indictable offences Excepted offences


2.        Police Powers

Stop, detain and search Search warrants Arrest powers

Rules and directions for the questioning of suspects Identification parades

Cautioned statements and post-recorded statements

Other law enforcement agencies (e.g. the “ICAC”, Customs and Excise, Commercial Crime Bureau etc.)


3.        Commencement of Proceedings

Functions of the Secretary for Justice

Department of Justice’s prosecution policy and practice

Arrest and Charge


Fixed Penalty Offences


4.        Bail

The right to bail Police bail Magistrates Court bail

Applications to CFI for bail Offences relating to bail


5.        Indictments, Charges and Summonses

Form of summonses and charges Indictment rules

Rule against duplicity

Joinder of defendants and charges Severance

Alternative charges and amendments


6.        Procedure before and at Trial

Magistrates Court

Pleas of guilty and trials of not-guilty pleas Transfer to the District Court

Committals and preliminary inquiries Review and appeals

District Court

Trials, transfers to CFI and appeals Court of First Instance (“CFI”)

Voluntary bills and pre-trial procedures Juries


Appeals from the Magistrates Court Court of Appeal

Appeals from District Court and CFI to Court of Appeal Court of Final Appeal

Appeals from Court of Appeal to Court of Final Appeal Particular issues at trial

Applications to stay proceedings Submissions of no case


7.        Sentencing – Theory and Practice

Pleas of guilty Conviction after trial Pre-sentence reports

Sentencing guidelines, totality and starting points Deterrent sentences

Suspended sentences Non-custodial sentences

Special sentences e.g. treatment orders, hospital orders Pleas of mitigation


8.       Funding Criminal Litigation

Private funding Legal Aid

Duty Lawyer Service

Costs in Criminal Cases Ordinance (Cap.492) Costs against convicted defendants Assessment of costs

Wasted costs orders


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One Comment to “Syllabus for Criminal Procedure”

  1. susan21 says:

    Hey where can I get notes for crim pro?

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