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Criminal Proceedings Pretrial to post judgment - Kyambadde Associates & Legal Consultants

Thursday 27 September 2018

Criminal Proceedings Pretrial to post judgment

Criminal Proceedings
Pretrial to post judgment

TERM 1
WEEK 1

• Pre trial rights and remedies (rights of suspect)
Dpp; the mandate. Article 120
• Rules governing plea taking. Adnan v Republic get a copy
• Pleas; how to enter, how to record
• Bail before trial and rules governing, and reasons that should be advanced
• Review of bail when conditions are hard.
Andrew Onyango Obbo
• Wadri v

WEEK 2
• Specialized proceedings in magistrates courts.
• Crimes outside the penal code. Crimes in Wildlife Utilities and Standards courts, Anti Terrorism,
Traffic and road safety act
• Demonstrating skills
At the end of second week in December Written practical examinations- Proceedings in Magistrates courts
• Supervisory powers of CM

TERM 2
(High Court )

ADNAN v Republic
Trial proceedings in High Court
• Committal proceedings
• Role of various stake holders, court, state attorney, defense counsel
• Role of state counsel in state brief
• Prima facie case
• No case to answer
• Role of assessors
• Writing of submissions by counsel, rulings by court and judgments
• Role of registrar and other stake holders (cause list, stake holders meeting, etc)
Examination in 2nd term is oral practical.
Shall be examined on both term 1 and term 2

TERM 4
Post judgment remedies

• REVISION purely done by High court
• APPEALS 1st and 2nd appeals
• Types of sentences imposed.
• Perusal of record of proceedings and judgment as a single document
• Formulating grounds of appeals and when it can be dismissed.
EXAMINATION
One from 4th term the other from 2nd term

REQUIREMENTS
• Attendance
• Participation
• Get relevant legislation. Most principles are settled in case law.(Mpeirwes case dog evidence, admissibility of voice evidence, factors favoring identification and rules governing a single identification witness etc, juvenile proceedings)
• Read all authorities/cases of the week
• Don't just give the holding of court in exams but also appreciate the facts
• Always consult.
• Have a firm grasp of the criminal law
• Make professional friends.
• Get a copy of "Common offences in Uganda by F.M. Ssekandi"
• Form discussion groups to discuss topics maximum of 10
• In class first impression is smartness.
• Organize your work
• Read and prepare for classs
• Study and answer the file as it is given to you. You must understand the file.
• Look through your law of evidence notes for guidance as well.
• Consultation with lectures is only on professional matters.
• The law is always developing. Be cautious when doing research.
• Take note of the learning outcomes.
• Learning outcomes Monday-Friday 5pm
• Appreciate and consider all outcomes of the week.

Extension/emerging trends in criminal
• Plea bargaining
• Pre-trial disclosure
• Mitigating of sentences
• Sentencing guidelines

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