Criminal Defender'S Handbook - Ibj
CRIMINAL DEFENDER’S HANDBOOKContentsIntroduction . 1Section 1 – Defence lawyer’s Role & responsibilities . 1General . 1Duty to client . 2Duty to court . 4Conflicts of interest . 5Section 2 – Pre-trial matters . 5Constitutional provisions . 5Clients held in custody by police . 6Lawful arrest. 6Maximum periods of custody . 7Special provisions for offences in Ninth Schedule . 8Helping police with inquiries . 8Locating client . 9Ascertaining the charge .10Access to client .10Presence of legal practitioner when warned and cautioned statement recorded .10Interviewing client .11Taking items to client.11Advice on statements to police .11Maltreatment of client by police .12Release from police custody on police bail .13Remedy for unlawful arrest and detention .14Search of persons and premises .15With warrant .15Without warrant .15Remands .16Generally .16Reasonable suspicion .16Unreasonable delay .17Accused in custody .17Accused out of custody .18Postponement of cases .19Bail pending trial .20General .20Procedure in bail case .20Application in magistrates court .21Application in High Court .21When and how can be applied for .22Grounds for refusal.22Well founded grounds for State opposition to bail .22Likelihood that accused will abscond.23Likelihood that accused will commit further offences .25Likelihood that accused will tamper with evidence .25Attitude of Attorney-General .26Invalid reasons for refusal .26Onus of proof .26Amount of bail .27Deposit of property or recognizance in respect of property .27Sureties .27Conditions attached to bail .27Equal treatment of accused .28Cancellation and forfeiture of bail .281
Bail pending appeal .29Cases in magistrates court .29Cases in High Court .29Criteria .30Further applications for bail .31Appeal against refusal of bail by High Court .31Single appeal against decision on bail by magistrate .32Police Bail .32Statements by accused to police .32Importance to police .32Advice on making statement .32Presence of lawyer when statement being made .33Access after statement made .33Unconfirmed statement .34Confirmed statement .34Discovery of mental unfitness before trial .36Section 3 – Jurisdiction Of Courts .37Place of trial .37Magistrates courts .37High Court .37Crimes triable.38By magistrates .38By High Court .38Penalties imposable .38By magistrates .38By High Court .39Crimes committed outside Zimbabwe .39Illegally bringing accused into jurisdiction .40Section 4 – Preparing for trial .40Relevant documentation .40Charge .40Material contained in police docket .41Summary of State witness testimony .41Further particulars .41Pre-trial discussion with prosecutor .42Plea bargaining .42Perusal of statements of State witnesses .42Defence interviewing State witnesses .42Taking instructions .43Plea and admissions .45Mental disorder .46Other defences .47Defence witnesses .48Defence outline .48In the magistrates court .48In the High Court .48Drafting the outline .49Failure to give outline .50Section 5 – Trial .50Bias of judicial officer .51Attendance of accused .52Trial in absence of accused .52Mental unfitness of accused to stand trial .53Calling of witnesses .54Holding cases in camera.54Legal representation under Legal Aid Act .55Joint trials .55The charge .56Correct formulation .56Exception to charge.562
Unjustified charging of less serious offence .56Splitting of charges .57Withdrawal of charge before plea .58The plea .58Types of plea.58Guilty pleas from legally represented accused .58Guilty pleas: murder cases .59Unclear or equivocal pleas .59Plea that previously acquitted or convicted (autrefois acquit or convict) .59Other pleas.60Guilty plea to lesser offence than that charged.60Change of plea before evidence led .60Withdrawal of charge after plea .60Insistence that plea be recorded at early stage .61State and defence outlines .61Questioning of witnesses .61Examination-in-chief .61Cross- examination .62Re-examination .66Questioning by court .66Production of statements made by accused to police .66Types of statement .66Method of production.67Challenge to admissibility of statements made by accused .68Grounds for challenge .68Procedure when statements or indications challenged .69Onus of proof when challenged .70Formal admissions by accused or prosecutor during trial .71Departure from statements by State witnesses .71Production of exhibits.71Documentary exhibits .72Photographs and plans .72Notes in police notebooks .72Documents admissible in affidavit form .72Medical reports from doctors .72Affidavits from nurses, ambulance drivers and carriers .73Affidavits from Vehicle Inspectors .73Certified documents .73Bankers' books .73Documents made in the course of business .74Documents executed outside Zimbabwe .74Audio and video tape recordings.74Adjournments.75Court calling further evidence .75Discharge at close of State case.75Calling of witnesses by defence .78Calling accused to give evidence .78Questioning of accused by prosecutor and judicial officer.78Defences .78Types of defences .78Onus of proof .79Discrepancies between testimony of State witnesses and the contents of indictment and summaryof case .79Addresses at conclusion of defence case .80Change of plea before verdict .81Change of plea after conviction.82Section 6 – Rules of Evidence .82Introduction .82Proof beyond reasonable doubt .82Corroboration .823
Single witness evidence.83Approach of courts .83Approach of defence lawyer .85Complainant evidence in sexual cases .85Approach of courts .85Approach of defence .86Evidence from children .86Approach of courts .86Approach of defence .87Accomplice evidence .87Approach of courts .87What are accomplices? .87Dangers of reliance on accomplice evidence .88Single accomplice evidence .88Co-accused implicating one another .89Warning to accomplices .89Reducing dangers .90Imperfections in evidence of accomplice .90Disclosure of inducements to testify .91Approach of defence .91Lies by accused corroborating State case .91Similar fact evidence .92General rule .92Examples .93Expert evidence .93Identification evidence .93Visual identification of persons .93Identification in court .95Identification from photographs .95Identity parades .96Fingerprints and handprints .97Footprints and shoeprints .97Tyre marks and tool marks .97Voice identification .98Matching of blood, DNA, bodily secretions and hair fibres.98Identification of property .98Handwriting evidence.98Circumstantial evidence .99Hearsay evidence .99Drawing adverse inferences from accused’s silence .100Adverse inferences.100Confirmation proceedings .100Defence outline .100Giving evidence .100Questions put by prosecutor or court.100Previous inconsistent statements by State witnesses .101Hostile witness .
aspects of criminal procedure, evidence, substantive law and sentencing. The following abbreviations are used throughout this work: CPEA — Criminal Procedure and Evidence Act [Chapter 9:07] CLCA — Criminal Law (Codification and Reform) Act [Chapter 9:23] MCA —Magistrates Court Act [Chapter 7:10] HCA — High Court Act [Chapter 7:06]
Suggested Citation: Stevens, J. (2018), Myanmar Criminal Defense Practice Manual, Taunggyi, Myanmar, International Bridges to Justice Author: Mr. Jake Stevens is Country Training Director for IBJ. He has more than 20 years experience as a legal aid lawyer and clinical law professor in the United States. He has worked with
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Downloaded from ibj.pasteur.ac.ir at 16:23 IRDT on Thursday June 15th 2017 [ DOI: 10.18869/acadpub.ibj.21.3.142 ] Karimi et al. Lung Cancer Risk and Leukocyte Telomere Length Iran.
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public defender services. Currently, those guidelines match the Federal Poverty Guidelines. Strictly applied, that would mean an individual making only 12,000 a year would not qualify for a public defender. According torecent reports, Missouri ranks 50th out of 50 states in income eligibility standards for public defender services, leaving a
2.3 Public Defenders' Opinions of Training and Performance Appraisal, 2009 22 2.4 State Public Defender's Conclusions Regarding the Benefits and Risks of Using Full-Time Public Defender Offices, 1996 25 2.5 Weighted Case Units by District, Fiscal Years 2003 to 2009 29 2.6 Changes to Public Defender Services Resulting from Budget .
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