Civil and Criminal Procedure provides students with a comprehensive exploration of the procedural aspects governing civil and criminal litigation. This course aims to equip students with a detailed understanding of the key stages in both civil and criminal proceedings, covering topics such as preliminary matters, commencement of proceedings, case management, summary and full-scale trials, sentencing, and appeals.
1. Civil Procedure
The introductory module sets the foundation by providing an overview of civil procedure. Students explore the principles and rules that govern the conduct of civil cases, including the processes involved from the initiation of proceedings to their resolution in court.
2. Preliminary Matters
Preliminary matters encompass the procedural steps that precede the formal commencement of legal proceedings. Students examine issues such as pre-action protocols, pre-trial disclosure, and alternative dispute resolution methods, laying the groundwork for a civil case.
3. Commencement of Proceedings
This module focuses on the formal initiation of civil proceedings. Students explore the legal requirements and mechanisms for commencing a civil case, including the preparation and service of court documents, the issuance of claims, and the role of pleadings.
4. Case Management
Case management is a crucial aspect of civil procedure. Students delve into the legal mechanisms for managing and controlling the progression of civil cases, including the setting of timetables, pre-trial conferences, and court-ordered directions.
5. Summary Civil Trial
Summary civil trials are expedited proceedings designed for simpler cases. This module explores the criteria for cases suitable for summary trial, the procedures involved, and the legal principles that guide the court's decision. This section also addresses the rights of the parties involved.
6. Before Civil Trial
Before a civil trial, various pre-trial procedures take place. This module examines aspects such as discovery, witness statements, and expert evidence, exploring the legal and procedural requirements for parties to prepare their cases before presenting them in court.
7. At Civil Trial and Beyond
This section provides an in-depth analysis of the civil trial process and the steps taken after the trial concludes. Students explore the presentation of evidence, examination and cross-examination of witnesses, closing arguments, and the post-trial phase, including the enforcement of judgments.
8. Criminal Procedure
The criminal procedure module introduces students to the rules and processes governing criminal cases. Students explore the stages from investigation to trial and beyond, emphasising the legal principles that ensure fairness and justice in the criminal justice system.
9. Police and Prosecutors
This module focuses on the roles of law enforcement and prosecutors in criminal cases. Students examine the powers and responsibilities of the police, the Crown Prosecution Service (CPS), and other prosecuting bodies. The module covers aspects of evidence gathering, charging decisions, and the prosecutor's duty to disclose information to the defence.
10. Criminal Litigation
Criminal litigation involves the legal processes leading to the resolution of criminal cases. This module explores the stages from arrest to trial, including the issuance of charges, bail considerations, pre-trial procedures, and case management.
11. Summary Criminal Trial
Summary criminal trials are expedited proceedings for less serious offences. Students explore the criteria for cases suitable for summary trial, the procedures involved, and the legal principles that guide the court's decision. This section also addresses the rights of the accused in summary proceedings.
12. Trial on Indictment
A trial on indictment is reserved for more serious criminal offences. This module provides an in-depth examination of the procedures involved in an indictment, including the role of the grand jury, pre-trial hearings, and the dynamics of a full-scale criminal trial.
13. Sentencing
Sentencing is a crucial aspect of criminal litigation. Students explore the principles and considerations that guide sentencing decisions, including the range of available penalties, mitigating and aggravating factors, and the pursuit of rehabilitative and punitive goals.
14. Appeals
The appeals process allows for a review of decisions made in criminal cases. This section covers the grounds for appeal, the appellate court's authority, and the procedures involved in challenging convictions or sentences. Students also explore the role of the Court of Appeal in criminal matters.
Through an in-depth analysis of these key topics, students will develop the knowledge and skills necessary to navigate the complex legal processes involved in civil and criminal cases, ensuring a nuanced understanding of both the theoretical and practical dimensions of procedural law.
Check out our exam-focused Civil and Criminal Procedure notes now.
