LAW402 The Law of Evidence in Child Abuse (8)

CSU Discipline Area: Management (MANAG)

Duration: One session

Abstract:

This subject aims to consider in depth the law of evidence and procedure in both criminal and civil matters relating to child abuse and protection. The general concepts and basic principles of evidentiary and procedural law are discussed. The relevant law is considered from the initial notification or investigation, through all pre-trial stages, to evidence and procedural issues during the trial itself. Issues relevant to child sex tourism and the current laws relating thereto will also be considered. The subject will also focus on the current reforms to evidentiary and procedural law in other jurisdictions, particularly England and Scotland.

+ Subject Availability Modes and Locations

No offerings have been identified for this subject in 2013.Continuing students should consult the SAL for current offering details prior to contacting their course coordinator: LAW402

Where differences exist between the handbook and the SAL, the SAL should be taken as containing the correct subject offering details.

Assumed Knowledge:

LAW401

Objectives:

Upon successful completion of this subject, students should:

Be able to understand the concepts of evidence and procedure generally and specifically in relation to both civil and criminal child abuse matters;
Understand fully the statutory and common law principles relating thereto;
Have a detailed practical and theoretical knowledge of the application of those principles from initial notification/investigation stages, through all pre-trial stages (including possible removal of a child) up to and including the trial stage.
Be able to formulate basic advice and become an effective participant in the legal process.

Syllabus:

The subject will cover the following topics:

The nature and forms of evidence The basic principles of the law of civil and criminal procedure The sources of the law of criminal and civil evidence and procedure Evidence and Procedural issues at the initial notification and/or investigation stage Evidence and Procedural issues at the pre-trial stage Preparation for trial Evidence and Procedural issues in the civil or criminal trial Areas for reform of evidence and procedure law Case studies utilising facts taken from past cases will be used throughout to both illustrate the law and enhance a practical understanding of the relevant issues.

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