(Ebook) Commonwealth Caribbean Series Criminal Practice and Procedure 1st Edition by Dana Seetahal ISBN 978-1859416648 1859416640

(Ebook) Commonwealth Caribbean Series Criminal Practice and Procedure 1st Edition by Dana Seetahal ISBN 978-1859416648 1859416640

(Ebook) Commonwealth Caribbean Series: Criminal Practice and Procedure 1st Edition by Dana Seetahal- Ebook PDF Instant Download/Delivery: 978-1859416648, 1859416640
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Product details: 

ISBN 10:  1859416640

ISBN 13: 978-1859416648

Author: Dana Seetahal

Region‑Specific Focus: Moves beyond UK‑centric texts to tailor analysis to Caribbean statutes and precedents, comparing similarities and differences across jurisdictions .

Practical Insight: Seetahal’s career lends the text a practitioner’s clarity and authority—making it both legally rigorous and accessible .

Comprehensive Documentation: Provides extensive procedural guidance, statutory interpretation, and practical sample forms for real‑world use .

Table of contents: 

1 JURISDICTION

PHYSICAL JURISDICTION

Territoriality

Extension of territory

Extra-territoriality

Airspace

Extradition

LOCAL JURISDICTION

Magistrates' courts

Districts

Districts and courts

Boundary

High Court/Supreme Court

STATUTORY LIMITATION

Summary offences

Counting the time

Indictable offences

2 ABUSE OF PROCESS

ABUSE OF PROCESS DEFINED

The basic principle

DELAY

Bell v DPP

Specific prejudice/fair trial

The Trinidad and Tobago position

Constitutional issue or trial court

Directions on delay

The main issues resolved

MISUSE/MANIPULATION BY THE PROSECUTION

Promises not to prosecute

The Muslimeen case

Manipulating the prosecution

Repeated committal proceedings

The fair trial test

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

ARREST WITH WARRANT

Bench 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

Do not continue

Duties of the DPP

Private prosecutions

Police prosecutors

Civilian representative

BAIL

Constitutional right

Statutory entitlement

Who grants bail?

The application

The principles

Constitution v 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 PROSECUTIONS

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 amendment

JOINDER 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

Formerly

Formerly convict

Disciplinary offences

The procedure to plead autrefois

7 SUMMARY TRIAL

PRELIMINARIES

The complaint

Summons

AT THE HEARING

Opportunity to be heard

Ex parte trial

Bias in magistrates' courts

Notes of evidence

PROCEDURE

Appearance of parties

Both parties appear

The course of the trial

Disclosure

No case submission

Worked at the office

8 SUMMARY APPEALS

TO EXERCISE THE RIGHT

Who can appeal?

Magistrate's reasons

The appellate court

PROSECUTING THE APPEAL

Notice of appeal

Extension of time

Signing the notice

The recognition

Bail

Grounds for appeal

Appearance

Fresh evidence

The hearing

The judgment

Appealing from the Court of Appeal

9 TRIABLE EITHER WAY

SCHEDULED OFFENCES

The procedure

Consent

Re-election

Jamaica procedure provisions

HYBRID OFFENCES

LIKE OFFENCES

Effect

The procedure

REVERSION

The magistrate

DPP's power

On plea of guilty

THE PROCEDURE

Sentence

Appeals

10 COMMITTAL PROCEEDINGS

THE BACKGROUND

THE DUTIES OF THE PROSECUTION

Leading all the evidence

Disclosure

Admissibility

THE PROCEDURE

Presence of accused

The depositions

Other irregularities

General

No case submission

Defence witnesses

Notice of alibi

THE DECISION

The discharge

The effect

Relaying the charge

Additional evidence

Power of the prosecution on discharge

Voluntary bill

Committal

Referrals back

Appeal

11 PAPER COMMITTALS AND COMMITTAL FOR SENTENCE

PAPER COMMITTALS

The English law

Local legislation

Trinidad and Tobago

Written statements

The use of procedure

COMMITTAL FOR SENTENCE

Matters tried summarily

At the preliminary enquiry

Speedy trial

Withdrawal of admission

12 PRELIMINARIES TO INDICTABLE TRIAL

THE INDICTMENT

'Any offence' disclosed

Form of the indictment

Joinder

Separate trials

Duplicity and amendment

Powers of the DPP/AG

Undertaking

THE START OF THE HEARING

As compared to summary trial

Motion to quash

Stay of proceedings

Prejudicial pre-trial publicity

Presence of defendant

Arraignment and plea

Change of plea

Fitness to plead

13 THE COURSE OF AN INDICTABLE TRIAL

THE START OF THE CASE

Sworn evidence

THE PROSECUTION

The opening address

Leading the evidence

Convictions of prosecution witness

Tendering a deposition

Using a deposition in another matter

Duty to disclose

Fresh evidence

Timing of prosecution evidence

Issues of admissibility

THE DEFENCE CASE

Unrepresented defendants

Representation in capital cases

Duties to client

Options of the defendant

Defence opening address

Interaction with court

NO CASE SUBMISSION

Origin

The test

Applicability of Galbraith

Withdrawal of the jury

The submission

Insufficient evidence on the greater offence

CLOSING SPEECHES

Historical background

Timing of the addresses

Discretion to address

Content of closing address

JUDGE'S FUNCTIONS

During the trial

Notes and reasons

The summing up

14 THE JURY

FUNCTIONS OF THE JURY

MEMBERSHIP OF THE JURY

Qualifications and disqualifications

Consequences of disqualification

Exemptions

SELECTION OF THE JURY

COMPOSITION OF JURY

Alternate jurors

Challenges

Peremptory challenges

'Stand by'

Challenge for cause

Challenge to the array

Jury vetting

Praying the tales

AT THE TRIAL

Previous arraignment

Decision to sequester

Jury protection

Intimidation

Bias, notes

DISCHARGE OF A JUROR

The decision to discharge a juror

Acquaintanceship with parties

Misconduct

DISCHARGING THE WHOLE JURY

Improper influences

Prejudicial evidence

Internal problems among the jury

Rationale and consequences

SEPARATION OF THE JURY

Telecommunications

ISSUES AFTER RETIREMENT

Additional evidence

Communications to judge

Secrecy of the jury room

15 THE VERDICT

TIME OF RETIREMENT

PRESSURE

No obligation to agree

Retirement or not

Pressure of time

DIRECTIONS ON VERDICT-GENERAL

Capital cases - verdict

MAJORITY VERDICTS

Non-capital or capital charge

St Kitts and Nevis

Non-capital cases

Directions for majority verdict

Taking the majority verdict

RETURN OF THE VERDICT

Finality of the verdict

Inconsistent verdict

Alternative verdicts

Special verdict of insanity

Post verdict

16 CRIMINAL APPEALS

RIGHT OF APPEAL

Person convicted

The prosecution

Other reviews by the Court of Appeal

INITIATING THE APPELLATE PROCESS

Notice of appeal/notice of application for leave to appeal

Signing the notice

Extension of time

Bail pending appeal

GROUNDS OF APPEAL

The Registrar's duties

Statutory grounds

The drafting of the grounds

Skeleton arguments

On a plea of guilty

Question of law

AT THE HEARING

Representation and appearance

Abandonment of the appeal

Fresh evidence

DETERMINATION OF APPEALS

Allowing appeal

Allowing in part

Dismissing the appeal and the proviso

Special verdict

Appeals involving sentence

Computation of sentence

Prosecution appeal

BASES FOR ALLOWING AN APPEAL

Question of law

Unsafe or unsatisfactory

Unreasonable or cannot be supported

Material irregularity

Miscarriage of justice

The effect of the different statutory bases

APPEALS TO THE PRIVY COUNCIL

Leave to appeal

Renewing the application

Who appeals?

The existing right of the prosecution

The appeal

17 SENTENCING

PROCEDURE ON SENTENCING

Mitigation

'Newton' hearing

Taking offences into consideration

Role of the prosecution

Victim impact statements

PRINCIPLES OF SENTENCING

Five objects

Factors

Sentencing guidelines

TYPES OF SENTENCING

Absolute discharge

Conditional discharge

Binding over order

Suspended sentence

Probation

Community service order

Monetary penalties

Imprisonment

Consecutive/concurrent sentences

Corporal punishment

Parole

The death penalty

The Advisory Committee on Mercy

Appeal against sentence

18 JUVENILES

WHO IS A JUVENILE?

ON ARREST

TRIAL OF JUVENILE

METHODS OF DISPOSAL OF CASES

POSTSCRIPT - THE WAY FORWARD

CHALLENGES

RESULTS

APPENDIX A

A SAMPLE OF DRAFT INDICTMENTS FROM ACROSS THE COMMONWEALTH CARIBBEAN

APPENDIX B

A SAMPLE VARIOUS DRAFTS, COMPLAINTS, INFORMATIONS

APPENDIX C

RECOGNIZANCES FOR APPEARANCE OF DEFENDANT

APPENDIX D

DRAFT IMMUNITY

APPENDIX E

SOME DRAFT DOCUMENTS - LEAVE TO APPEAL

BIBLIOGRAPHY

Index

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Tags: Dana Seetahal, Commonwealth Caribbean, Criminal Practice, Practice and Procedure