Introduction to Criminal Litigation Flashcards

Flashcards for Criminal Litigation Review

What is criminal litigation?

The method adopted for bringing a person alleged to have committed a crime to court for trial; includes investigation, arraignment, trial, judgment, sentencing, and appeals.

What is a basic requirement of a criminal trial according to S. 36(12) CFRN 1999?

The offence must be prescribed in a written law.

What laws are applicable in the FEDERAL COURTS?

ACJA; Criminal Code (South), Penal Code(North). Acts of the National Assembly.

What laws are applicable in HIGH COURT OF STATES?

ACJL in various states of the Federation, Criminal Code in the South, Penal Code in the North and the Laws of the House of Assembly of various states.

In the Lady A Case Study, what was the Offence?

Theft of shoes

In the Lady A Case Study, who were the Parties involved?

1. The State, 2. Lady “A”

What is an issue arising from the Lady 'A' scenario?

Arrest by security men, handing over to police of lady “A”

What action can the Defence take after the Prosecution closes its case?

Defence makes a no case submission.

How many categories can the Sources of criminal litigation be categorized into?

Four

What are the PRINCIPAL ENACTMENTS of criminal litigation?

ACJL(L), ACJL(s) & ACJA note s. 493 ACJA

What are the SECONDARY ENACTMENTS of criminal litigation?

Constitution of the FRN 1999, Fundamental Rights, Power of AG to initiate, take over, or discontinue criminal cases. s.174(1),s.211(1) Constitution

APPLICATION OF ENGLISH HIGH COURT PRACTICE AND PROCEDURE IN CRIMINAL MATTERS?

S.363 CPL, where there is a lacuna in our law, recourse may be had to English Law

What is JUDICIAL INTERPRETATION OF ENACTMENTS?

done through the rules of interpretation of statutes- Bank of England v. Vagliano Brothers (1891) ac 107 at 144 -145 Held- the language of a statute must be observed to know their ordinary and natural meaning.

What are the two types of courts of criminal jurisdiction in Nigeria?

Courts of general criminal jurisdiction and Courts of special criminal jurisdiction.

What is the general rule regarding publicity of criminal trials?

Criminal proceedings to be held in public. See section 259(1) ACJA

What is an exception to the rule that Criminal proceedings be held in public?

Where the statutes expressly requires it