This module provides an introductory survey of the criminal justice process. The primary goal is to develop a general understanding of the criminal justice system’s response to crime in society, with emphasis on the origins and purpose of criminal courts, key terminology, the role of the defence counsel and the key stages of a criminal case.  

The criminal defence counsel will understand the ethical obligations to represent a client’s expressed interests and ensure that their rights are sufficiently protected and advanced throughout the life of the case. 

The criminal defence counsel will learn to effectively interview a client in order to pursue the client’s expressed interests and develop a strong attorney-client relationship. 

The criminal defence counsel will be able to identify and interview important contacts in the client’s life (including family members, friends, teachers, social workers, community members, neighbours, and others connected to the client) in order to gather and document life history to highlight mitigating circumstances, such as mental illness, drug addiction, trauma and/or chronic poverty leading to a client’s involvement in the criminal justice system. 

The criminal defence counsel will be able to appreciate and apply the rules relating to communications with parties interested in the client’s case (i.e. probable and possible Prosecution witnesses). 

The criminal defence counsel will gain an insight into representing vulnerable clients (which may include young, elderly, or patients suffering from mental illness).

The criminal defence counsel will understand key features of the vulnerable person’s development, how those concepts affect the client’s involvement at all stages of the adult criminal justice system (or in the case of youth, the juvenile courts) and how to use the appropriate arguments to advance the client’s interests and the legal strategies of a case. 

The criminal defence counsel will re-examine his role in the criminal justice system, in contrast to other players, and understand some of the potential conflicts between obligations to his client and professional conduct rules, to avoid breaches in practice.  

The criminal defence counsel will learn to maximise the interests of the client during this window – where exists the best opportunity to avoid being charged. Some lessons include:

• Learning to protect and advocate on behalf of clients at pre-arrest and pre-interview phases of the criminal justice system.

• Understanding the importance of zealous advocacy at the mention stage to ensure that bail is granted and will develop skills and strategies to advocate for alternatives to detention at every stage of the process.

• Learning to interact effectively with key players in a proceeding to further the client’s stated interests and strategic goals in a case.

• Understanding the critical role of investigation in representing an accused client and develop strategies for effective investigation in every case.

The criminal defence counsel will learn to advance his client’s case and interests by way of letters of representation to the Prosecution. The criminal defence counsel will also learn to engage in Criminal Case Management System (CCMS) discussions with the Prosecution as a pre-trial discovery and plea-bargaining tool.

This module will be jointly presented by a prosecutor and a defence counsel.

This module is on how a case theory is developed and subsequently used at trial. The criminal defence counsel will learn how to develop a theory of the case that accounts for all of the admissible evidence and relevant law through a persuasive narrative that compels findings favourable to the client. Next is where the criminal defence counsel will learn to use the theory of the case that he has developed, while at the same time, be aware that this theory may have to be adapted as the trial progresses 

The criminal defence counsel will understand the law governing the right to discovery and develop strategies for obtaining all discovery the client is entitled to from the prosecutor.

The criminal defence counsel will understand the law and strategy of challenging the admissibility of a client’s statement. Understand the law governing the right to cross and learn strategies and techniques needed to develop an effective cross-examination consistent with the case theory.

Defence counsel will also learn strategy, technique and law required to develop an effective direct examination that advances the defence theory of the case. Defence counsel will also understand the law and practice of challenging a client’s competence to stand trial.

The criminal defence counsel will understand the law relating to guilty pleas, learn how and when to advise the client in deciding whether to enter a plea and ensure that the client makes only knowing, voluntary, and intelligent waiver of the right to trial. Defence counsel will also appreciate that a counsel's engagement might not necessarily end once a sentence has been imposed, and that clients (and their family) may require assistance/guidance thereafter.

The criminal defence counsel will understand the importance of investigation, strategy and the mechanics of impeaching prosecution witnesses to advance the defence theory of the case.

The criminal defence counsel will review the rules of evidence and understand the concepts of relevance, probative value, prejudicial effect and the basis on which to object to the admission of evidence.

The criminal defence counsel will understand how certain drugs metabolises in the body, and briefly learn about the metabolic pathways of common drugs of abuse.

Armed with this knowledge, the criminal defence counsel will be in a better position to advice their clients of the merits (or lack thereof) of some of the defences their clients attempt to raise. 

The criminal defence counsel will consider the benefits of expert testimony in a criminal case, discuss strategy and technique for identifying, hiring, and preparing experts to testify, and will learn to challenge prosecution experts.

The criminal defence counsel will understand the timing, content and law governing the plea of “no case to answer” at the conclusion of the prosecution’s case.

The criminal defence counsel will demonstrate an understanding of strategies and techniques for developing and delivering compelling and effective closing submissions.

The criminal defence counsel will be able to challenge allegations of outrage of modesty/rape by a client and address issues unique to a sexual offence case.

The criminal defence counsel will be able to address issues (both factual and legal) unique to cheating offences, especially in light of the rise in scam-related offences in 2019. With the AGC having a dedicated Financial Crimes division and the resources needed to conduct financial forensics, how should a criminal defence counsel tackle and respond to these evidence? 

The criminal defence counsel will be able to better challenge allegations of voluntarily causing hurt / grievous hurt by understanding the sentencing framework in place, and the common defences to such charges. The counsel will also consider how various factors function as mitigating and aggravating factors for the accused. 

The criminal defence counsel will be able to effectively and creatively challenge a variety of alleged drug offences.​

The criminal defence counsel will understand the role and obligations of counsel at sentencing and be able to advocate effectively for clients at the sentencing stage, consistent with the client’s stated interests. The module is presented by a senior practitioner at the Criminal Bar who was formerly a District Judge.

The criminal defence counsel will understand the law and mechanics of appeals.

Participants will develop a broader understanding of the situations in criminal cases which might benefit from forensic expert support and revise some of the issues to be aware of when selecting and instructing a forensic expert.

The session will introduce community-based rehabilitation programmes and discuss how the various programmes complement the criminal justice system.

It will also focus on developing a greater understanding about the rehabilitation and social services perspective in the management of offenders.