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Title: Basic issues of Sudanese pre-trial criminal procedure in the light of English, Scottish and American practice
Author: El-Naiem, Abdullahi Ahmed
Awarding Body: University of Edinburgh
Current Institution: University of Edinburgh
Date of Award: 1976
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After a brief historical survey of the arrangements made for the administration of justice prior to the Anglo-Egyptian Condiminium, the first chapter proceeds to trace the origins and development of the present system of criminal procedure. The rest of the chapter is devoted to the general description of the present system as a prelude to the detailed discussion of the specific issues in the following chapters. Chapter 2 is concerned with arrest and detention in the criminal process. After dealing with some of the definitional problems of arrest, the chapter goes on to discuss the various powers of arrest, and also post arrest procedure. The consequences of unlawful arrest are then considered in some detail. The question of detention without arrest - the need to provide for the power and its implications - is treated at the end of this chapter. Chapter 3 deals with the problems of pre-trial release. Besides setting out the practice as well as the thinking of pre-trial release in the three jurisdictions used in this study for comparison, the chapter also deals with pre-trial custody in the Sudan and reflects on the quality of the release and custody decision-making process. Search and seizure is the subject of the fourth chapter. After the comparative analysis of the powers of search and seizure and a discussion of the practical problems of effecting a search, the chapter turns to consider in detail the exclusionary rule as a remedy most closely associated with unlawful search and seizure. The safeguards against the abuse of the police interrogation powers enforced by the various relevant jurisdictions are reviewed in chapter 5. There follows a special treatment of the voluntariness requirement, again as the remedy peculiar to unlawful interrogation. Chapter 6 is devoted to the somewhat topical subject of eye-witness identification - or rather misidentification - of the accused as the culprit. Chapter 7 deals with the problems of pre-trial discovery in criminal cases. Both chapters review the practice in the jurisdictions under study before turning to consider the issues in the Sudanese context. Chapter 8 attempts to ascertain and assess the role played by the magistrate in the Sudanese criminal process in view of the degree of his actual involvement and in the light of such considerations as the lack of legal advice and representation. The chapter explores the possibilities of using this somewhat peculiar feature of Sudanese criminal procedure to resolve some of the problems raised in previous chapters.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available