2. Criminal Law Procedure

Criminal procedure governs how the state prosecutes individuals or organizations accused of committing crimes. The aim is to ensure fairness while maintaining public safety.

A. Key Stages in a Criminal Case

1. Investigation

   • Conducted by police or investigative agencies.

   • Involves gathering evidence, questioning witnesses, and arresting suspects.

2. Charging the Accused

   • Prosecutors decide whether there’s enough evidence to formally charge the person.

   • Charges are outlined in a charge sheet or indictment.

3. First Appearance / Bail Hearing

   • The accused appears in court.

   • May be granted bail or held in custody until trial.

4. Committal Proceedings (for serious offences)

   • A preliminary hearing in a lower court determines if there is enough evidence to proceed to trial in a higher court.

5. Plea

   • The accused pleads guilty or not guilty.

   • A guilty plea may lead directly to sentencing; a not guilty plea proceeds to trial.

6. Trial

   • The prosecution must prove guilt beyond reasonable doubt.

   • May be heard by a judge or a jury, depending on the jurisdiction and severity of the crime.

7. Verdict and Sentencing

   • If found guilty, the judge determines the sentence (e.g., fine, community service, imprisonment).

   • If not guilty, the accused is acquitted and released.

8. Appeal

   • Either party may appeal on the grounds of legal error or unfair process.

B. Participants in Criminal Trials

• Prosecutor: Represents the state; must prove the case.

• Defendant: The person accused of the crime.

• Defence lawyer: Protects the rights of the accused.

• Judge: Ensures fair trial, rules on law, and delivers sentence.

• Jury (in some cases): Decides facts and verdict.

3. Civil Law Procedure

Civil procedure deals with legal disputes between individuals, organizations, or governments. It aims to resolve these disputes and provide remedies for harm or loss.

A. Key Stages in a Civil Case

1. Pleadings

   • The plaintiff files a statement of claim outlining their case.

   • The defendant responds with a defence or counterclaim.

2. Pre-trial Procedures (Discovery and Mediation)

   • Parties exchange evidence (documents, witness statements).

   • Courts often require mediation to try to settle before trial.

3. Trial

   • Heard by a judge (juries are rare in civil cases).

   • Each side presents arguments and evidence.

   • The judge decides on the balance of probabilities which side is more likely to be correct.

4. Judgment and Remedies

   • Common remedies include:

     • Damages (monetary compensation)

     • Injunctions (court orders to do or stop something)

     • Specific performance (requiring fulfilment of a contract)

5. Appeals

   • Either party can appeal a decision to a higher court.

B. Participants in Civil Trials

• Plaintiff: Person or party bringing the claim.

• Defendant: The party responding to the claim.

• Lawyers: Represent and argue for each side.

• Judge: Manages the case, resolves legal issues, and delivers judgment.

4. Key Principles in Both Procedures

• Natural Justice: Everyone deserves a fair hearing and the right to respond to accusations.

• Procedural Fairness: Includes clear notice, impartial decision-makers, and reasoned judgments.

• Access to Justice: Efforts are made to ensure legal processes are not overly expensive, delayed, or complex.

5. Alternative Dispute Resolution (ADR)

In both criminal and civil contexts, alternative methods may be used to resolve matters without a full trial:

• Mediation: Neutral facilitator helps parties reach an agreement.

• Conciliation: Similar to mediation, often used in discrimination or workplace disputes.

• Arbitration: An independent third party makes a binding decision (common in commercial disputes).

• Diversion (criminal): For minor offences, offenders may be diverted from court into counselling or rehabilitation.