The fifth edition of this best-selling book has been thoroughly revised to take into account recent developments in the law in criminal practice and procedure across the region. As the only textbook to explore criminal practice and procedure as it relates to the Commonwealth Caribbean, the book clarifies the state law in each of 11 jurisdictions, while at the same time making it clear when laws are the same or similar and highlighting where differences among jurisdictions occur. Both statute law and common law are examined in the relevant jurisdictions, which include Trinidad and Tobago, Guyana, Barbados, Jamaica and Grenada amongst others. The impact of statutory changes in the laws are analysed, as well as recent developments in the common law. Throughout the text the statutory law in the Commonwealth Caribbean is compared with similar English legislation, in light of the analysis of such legislation in English case law. This book is the recommended textbook for all professional law schools in the Commonwealth Caribbean and is used at regional universities as a reference book for criminal justice students. In addition, as the only book that deals specifically with criminal practice and procedure in the regions, it has proved a valuable reference tool for legal practitioners, judicial officers and police officers.
Formatted Contents Note
Cover; Half Title; Series Page; Title Page; Copyright Page; Dedication; Table of Contents; Acknowledgements; Introduction; Table of abbreviations; Table of cases; Table of legislation; 1. Jurisdiction; Physical Jurisdiction; Territoriality; Extension of territory; Territorial waters; Extra-territoriality; Airspace; Extradition; Local Jurisdiction; Magistrates' courts; Lay magistrates; Districts; Districts and courts; Boundary; Committal proceedings; High Court/Supreme Court; Statutory Limitation; Summary offences; Counting the time; Indictable offences; 2. Abuse Of Process Abuse of process definedThe basic principle; Where A Fair Trial Is Impossible; Delay; Bell v DPP; Specific prejudice/fair trial; Constitutional issue or trial court; Directions on delay; The basic principles; Prejudicial pre-trial publicity; Where It Is Unfair To Try The Defendant; Manipulation by the prosecution; Promises not to prosecute; The Muslimeen case; Repeated committal proceedings; In The Magistrates' Courts; 3. Arrest, Search, And Seizure; Arrest; Summons or arrest; What is an arrest?; Arrest Without Warrant; Common law powers; Statutory powers; Interpretation of statutory powers Arrest With WarrantBench warrant; Effecting The Arrest; Entry; Search of the person; Stop and question; The reason for the arrest; Constitutional provisions; Taking the arrestee before the authorities; Right to an attorney; Breach of rights on arrest; Search And Seizure; Entry and search; Search warrant; Grounds; Execution of warrant; Seizure and retention; Retention; If no charge; Illegal search; 4. Prosecution And Bail; Prosecution; The limits of the constitutional powers; Consent of the DPP; Other powers; Nolle prosequi; Duties of the DPP; Private prosecutions; Police prosecutors Civilian representativeBail; Constitutional right; Statutory entitlement; Who grants bail?; The application; The principles; Constitution vs. the common law; The surety; The recognisance; Other conditions; Bail on appeal; In summary matters; Forfeiture of bond; The procedure for forfeiture; 5. Initiation Of Proceedings; Commencement Of Prosecution; Summary level; Indictable trial; Duplicity; The rule; Continuous offence; Conjunctivity; Alternative offences or modes; The objection; The procedure; Effect on conviction; Amendment; The procedure; The test; The time for the amendment Types of amendmentJoinder Of Charges; Joinder of summary charges; Consent; 'Same transaction'; Specific provisions; Cross charges; At committal proceedings; Joinder of charges on indictment; The tests; Capital offences; Misjoinder the consequences; Joinder Of Parties; Separate trials; Severance; 6. The Plea; Fit to plead; Guilty Plea; The lesser charge; Unequivocal plea; Different facts; Voluntary plea; Plea bargaining; Withdrawal of guilty plea; Not Guilty Plea; Mute defendant; Effectiveness; Change of plea; Pleas In Bar; Pardon; Autrefois; Autrefois convict; Disciplinary offences
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OCLC-licensed vendor bibliographic record.