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
Summonses
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
Verdicts
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”
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Hey where can I get notes for crim pro?