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Civil and criminal procedure LA3004

Civil and criminal procedure is offered as an optional module to students on the Standard and Graduate Entry LLB courses.

It is also available to study as an Individual Module. Credits from an Individual Module will not count towards the requirements of the LLB.

The module focuses on the procedural rules and processes that govern the conduct of civil legal actions and criminal legal proceedings. An understanding of the structure and operation of the English court system is assumed.

Topics covered

  • Introduction: Aims and values of the civil process. Civil court structure. Aims and values of the criminal process. Criminal court structure. Civil procedure.
  • Civil process before trial: Alternative dispute resolution. Limitations. Funding. Court jurisdiction. Parties and joinders – interpleaders.
  • Commencement of proceedings: Issuing and serving proceedings. Renewal of process. Service outside the jurisdiction.
  • Responding to a claim: Default judgments. Statement of cases. Track allocation. Small claims track. Fast track. Multi‐track.
  • Case Management:Requests for further information. Additional claims. Part 8 claims and petitions. Interim applications.
  • Summary disposal:Summary judgment. Striking out, discontinuance and stays. Interim payments. Security for costs.
  • Aspects of civil trial I: Sanctions. Disclosure. Experts. Witness statements and affidavits. Hearsay evidence. Admissions and documentary evidence. Injunctions.
  • Aspects of civil trial II: References to ECJ. Judgment and orders. Part 36 offers and payments. Costs. Enforcement. Appeals. Criminal procedure
  • Police powers and bail:Arrest. Detention. Search and seizure. Questioning. Police practices. Remedies for abuse of police powers.
  • Charging and bail: Formulation and amendment of charges. Bail.
  • Commencement of Proceedings: Allocation. Indictments. Preparation for trial. Discovery and disclosure. ID evidence.
  • Aspects of criminal trial I: Pleas and plea bargaining. Summary justice. Juries. Crown Court trials.
  • Aspects of criminal trial II: Sentencing. Criminal appeals.

Learning outcomes

If you complete the course successfully, you should be able to:

  • Describe the way in which civil procedure rules work with particular attention to alternative dispute resolution, the law of limitation, the commencement of proceedings, injunctive relief and the civil trial process;
  • Explain the legal principles governing the operation of the powers of the police and Crown Prosecution Service;
  • Explain the rules of criminal procedure in summary trials and criminal trials for indictable offences;
  • Describe the sentencing types and the appeals process in criminal proceedings.
  • Distinguish and analyse key issues arising in the subject matter, including statute and case law, in order to produce a reasoned answer;
  • Carry out complex research tasks using internet‐based resources;
  • Evaluate the application and development of the law in this area;
  • Summarise understanding of key aspects, concepts and principles.

Assessment

3hr 15 mins unseen examination

Essential reading

The essential reading for this course is the subject guide and reading pack provided. The extracts are from:

  • Sime, S. A practical approach to civil procedure. (Oxford: Oxford University Press, 2016) 20th edition [ISBN 9780198787570].
  • Sprack, J. A practical approach to criminal procedure. (Oxford: Oxford University Press, 2016) 15th edition [ISBN 9780198757337].