MR OMOSA Flashcards
What are the rights of an arrested person?
Provided for under Article 49 of the Constitution
1. Right to be informed of the reason of their arrest
2. Presented to court within 24 hours after arrest
3.Informed of their right to remain silent
4.Right to communicate with a person whose assistance may be necessary
5. Right to be held separately from persons who are serving a sentence
NOTE: Look at the rights of an accused person (Article 50 (2) and the rights of a detained person
What are the principles of natural justice?
Rule against bias/ Nemo judex in causa sua: No person should be a judge in their own cause.
Right to fair hearing/ Audi Alteram partem rule: no one should be condemned unheard.
Adequate Notice
What are challenges faced by Alternative Dispute Resolution?
- It is expensive
- Few qualified professionals to carry out ADR
- Challenge of enforcing the awards
- No mechanism of enforcing other modes of ADR other than arbitration
What is the Principle of Kompetenz-Kompetenz
The power of the arbitrator to determine their jurisdiction to deal with the substantive claim
What is the Role of the State Counsel in connection with the DCI?
- Subfile A needs a crime and investigations report and this report is gotten from the DCI
- You can also bring in the prosecutorial discretion on the decision to charge
- To outline the contents of the Prosecution file, the courts file
Can a wife testify against her husband?
Spouses were considered to be one person under common law unless under the exceptions.
Section 127 of the Evidence Act, Yes she can be a competent witness in civil proceedings but in Criminal matters, she can not.
How do you place an accused at the scene of crime?
- Fingerprints
2.Eye witnesses - CCTV Cameras
What are the other ways of identifying an accused apart from an ID Parade?
- Dock Identification
- Identification by recognition
What are the rules of ID Parades?
NOTE: Provided in the Police Standing Orders
1. The parade should include a minimum of 8 people with similar characteristics
2. It should not be carried out by the investigating officer
3. The accused can change position during the parade
How can you evade a criminal suit?
- Criminal responsibility i.e Children under 8, insanity
- Immunity
- Accomplice witnesses
- Negotiating a matter outside court
- Plea Bargaining and Autre fois convict, autre fois acquit
What are the 10 types of encumbrances?
- Charges
- Taxes
- Liens
- Registered Caveats
- Cautions
- Restrictions
- Third-party rights i.e easements, way leaves, profits apendre and licenses
- Inhibitions
- Prohibitions
What is the difference between a caveat and a caution?
A Caveat: Lodging a caveat on a property is a way of declaring that someone else’s interest in the property is a priority and they should be aware of that fact should they want to perform any kind of dealing i.e leasing, buying, or selling.
A Caution: This is a notice in the form of a register to the effect that no action of a specified nature in relation to the land in respect of which the notice has been entered may be taken without first informing the person who gave the notice.
