The Law of Criminal Procedure in Malawi offers the reader an accessible and up-to-date examination of the rules, principles and values that constitute criminal procedure under Malawian law. It identifies and discusses the law as contained in the 1994 Constitution (particularly the Bill of Rights), Criminal Procedure and Evidence Code, and other relevant statutes and case law from Malawi and comparable jurisdictions (mainly England, Canada and South Africa).

In the main, the book covers investigative and adjudicative criminal procedure: fundamental concepts and principles underlying criminal procedure;

• history of the law of criminal procedure in Malawi;
• overview of criminal justice institutions;
• criminal jurisdiction;
• investigative law enforcement activities;
• arrest, detention, and bail pending trial;
• fair trial rights;
• criminal trials in the High Court, magistrate courts and Child Justice Court;
• sentencing;
• appeals and bail pending appeal; and
• execution of sentences.

Judicial officers, criminal law enforcement agencies, legal practitioners, law students, policy and legislative makers, and interested academics will find The Law of Criminal Procedure in Malawi an invaluable reference source.

• Chapter 1: Basic Concepts and Foundational Principles of the Law of Criminal Procedure
• Chapter 2: Sources of the Law of Criminal Procedure
• Chapter 3: The History of Malawi’s Criminal Justice System
• Chapter 4: Criminal Justice Institutions
• Chapter 5: Criminal Jurisdiction
• Chapter 6: Investigative Criminal Procedure
• Chapter 7: Arrest Stage
• Chapter 8: Detention Stage
• Chapter 9: Bail Pending Trial
• Chapter 10: Fair Trial Rights
• Chapter 11: Framing and Joinder of Charges
• Chapter 12: Plea
• Chapter 13: Trial Procedure in Subordinate Courts
• Chapter 14: Trial Procedure in the High Court
• Chapter 15: Trial Procedure in Child Justice Courts
• Chapter 16: Punishment: Theory and Principles
• Chapter 17: Sentencing: Procedure and Principles
• Chapter 18: Appeals and Reviews
• Chapter 19: Suspension of Sentence and Bail Pending Appeal
• Chapter 20: Execution and Extinction of Sentences
• Execution and Extinction of Sentences: Pecuniary Punishments
• Index

Interest To: 

Judicial officers, criminal law enforcement agencies, legal practitioners, law students, policy and legislative makers, and interested academics.