What are the stages of criminal procedure?
Investigation.
Who can institute criminal proceedings in Nigeria?
the Attorney-General
Although both sections 72 and 77 of the Criminal Procedure Act Cap. 80 Laws of the Federation of Nigeria, 1990 empowers the Attorney-General to institute criminal proceedings by way of information, before the information cm be filed, the consent or leave of the judge must be sought and obtained.
What are the sources of Criminal Procedure in Nigeria?
Primary sources of criminal procedure
- The Criminal Procedure Act (CPA):
- The Criminal Procedure Code (CPC):
- The Administration of Criminal Justice Law (ACJL):
- The Administration of Criminal Justice Act (ACJA) 2015:
- The Constitution:
- The Evidence Act:
- Children and Young Person’s Act:
- The Police Act:
How do you start a criminal proceeding?
At the stage of trial the Complainant shall be summoned by the Court for recording his evidence.
- Filing a complaint before the Magistrate.
- First Information Report (FIR)
- Investigation.
- Jurisdiction of police station.
- Refusal to record information.
- Reporting an offence of a cognizable nature.
Where do criminal proceedings begin?
As mentioned above, criminal proceedings are sometimes commenced by a person being formally charged at the police station. In these cases the person charged will usually have been arrested previously and questioned at the police station.
Can a private person institute criminal proceeding?
In all other cases, a private persons can initiate or commence criminal proceedings. Indeed, private persons may institute criminal proceedings against a person alleged to have committed an offence by laying a complaint before a court: section 59(1) of the Criminal Procedure Act.
How will you institute criminal proceedings in High court?
Criminal proceedings may be instituted against a person by presenting a Charge Sheet and/or an Indictment in the Chief Magistrates Court and/or High Court respectively.
What are 4 sources of criminal procedure?
These include the U.S. Constitution, the U.S. Supreme Court, state constitutions and courts, federal and state statutes, rules of criminal procedure, the American Law Institute’s Model Code of Pre-Arraignment Procedure, and the judicial decisions of federal and state courts.
What is the criminal procedure law?
The law of criminal procedure regulates the modes of apprehending, charging, and trying suspected offenders; the imposition of penalties on convicted offenders; and the methods of challenging the legality of conviction after judgment is entered.
What can be considered criminal proceedings?
Although there are many different kinds of crimes, criminal acts can generally be divided into five primary categories: crimes against a person, crimes against property, inchoate crimes, statutory crimes, and financial crimes.
What is the Criminal Procedure Act in Nigeria?
The second part of the criminal procedure act in Nigeria also consists of five chapters. Chapter 6 bothers on crimes relating to treason and other related offences. Such crimes would be committed against a state or the country and the offender is liable to the punishment of death.
How big is the criminal law in Nigeria?
Criminal law in Nigeria is divided into parts and chapters and is quite a large book that would take some considerable amount of time to consume. The criminal law or criminal code is divided into eight parts which consist of fifty-five chapters.
Which is the first part of the Nigerian Criminal Code?
The first part of the criminal code in Nigeria consists of five chapters. Chapter 1 consists of the interpretation of the terminologies used in criminal law. It is important to fully grasp this chapter as it explains several terms you will come across while reading the other chapters.
What kind of laws are there in Nigeria?
The criminal laws and every law related to crime (including the money laundering act) are all placed under the criminal code. This criminal code is only applicable in most Southern states in Nigeria while the Northern states adopt the penal code.