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Criminal Procedure Syllabus

PCLL Conversion Notes and Model Exam Answers (PCLL Conversion Past Paper Answers) for Criminal Procedure for the PCLL Conversion Examinations.

1. An introduction to criminal procedure in Hong KongAn overview of the criminal courts

  • Magistrates’ Court (including Juvenile Court) District Court
  • Court of First Instance (“CFI”) Court of Appeal
  • Court of Final Appeal Classification of offences
  • Summary offences Indictable offences Excepted offences

2. Police Powers

  • Stop, detain and search Search warrants Arrest powers
  • Rules and directions for the questioning of suspects Identification parades
  • Cautioned statements and post-recorded statements
  • Other law enforcement agencies (e.g. the “ICAC”, Customs and Excise, Commercial Crime Bureau etc.)

3. Commencement of Proceedings

  • Functions of the Secretary for Justice
  • Department of Justice’s prosecution policy and practice
  • Arrest and Charge
  • Summonses
  • Fixed Penalty Offences

4. Bail

  • The right to bail
  • Police bail
  • Magistrates Court bail
  • Applications to CFI for bail
  • Offences relating to bail

5. Indictments, Charges and SummonsesForm of summonses and charges Indictment rules

  • Rule against duplicity
  • Joinder of defendants and charges Severance
  • Alternative charges and amendments

6. Procedure before and at TrialMagistrates Court

  • Pleas of guilty and trials of not-guilty pleas Transfer to the District Court Committals and preliminary inquiries Review and appeals
  • District Court
  • Trials, transfers to CFI and appeals Court of First Instance (“CFI”)
  • Voluntary bills and pre-trial procedures Juries
  • Verdicts
  • Appeals from the Magistrates Court Court of Appeal
  • Appeals from District Court and CFI to Court of Appeal Court of Final Appeal
  • Appeals from Court of Appeal to Court of Final Appeal Particular issues at trial
  • Applications to stay proceedings Submissions of no case

7. Sentencing – Theory and Practice

  • Pleas of guilty Conviction after trial Pre-sentence reports
  • Sentencing guidelines, totality and starting points Deterrent sentences
  • Suspended sentences Non-custodial sentences
  • Special sentences e.g. treatment orders, hospital orders Pleas of mitigation

8. Funding Criminal Litigation Private funding Legal Aid

  • Duty Lawyer Service
  • Costs in Criminal Cases Ordinance (Cap.492) Costs against convicted defendants Assessment of costs
  • Wasted costs orders