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JST323 Custody and Duty of Care (8)

Abstract

This subject explores the legal and moral obligations of police officers in ensuring the safety of people in custody. In New South Wales, Australia, The Royal Commission into Aboriginal Deaths in Custody (RCIADIC) highlighted the many risks associated with the detention of people. Similar reports have been published in many jurisdictions worldwide. Students will analyse legislation, case law and policy regarding legal custody, death in custody, and the significance of duty of care to police actions in jurisdictions relevant to the students' workplace.  Students will also examine the requirements of alternative prosecutorial approaches, and the management of people in custody.

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Continuing students should consult the SAL for current offering details prior to contacting their course coordinator: JST323
Where differences exist between the handbook and the SAL, the SAL should be taken as containing the correct subject offering details.

Subject information

Duration Grading System School:
OneHD/FLSchool of Policing Studies

Enrolment restrictions

Students must be enrolled in the Bachelor of Policing. Students who have undertaken JST218 should not undertake this subject.

Learning Outcomes

Upon successful completion of this subject, students should:
- be able to describe the legal notion of custody in an international context
- be able to explain the concept of 'death in custody' in an international context
- be able to explain 'duty of care' in an international context
- be able to identify the significance of discretion and alternative police actions in preventing deaths within a custodial context
- be able to outline the effects upon policing practices of the findings of judicial investigations such as the New South Wales, Australia, Royal Commission into Aboriginal Deaths in Custody (RCIADIC)
- be able to interpret factors that impact upon suicide attempts by persons in custody

Syllabus

The subject will cover the following topics:
- History of the Royal Commission into Aboriginal Deaths in Custody (RCIADIC) - Historical examination of custodial deaths in Australia - Significant findings of the RCIADIC - Implications of RCIADIC findings for arrest, police custody, and police responsibilities - Understanding legal custody - Understanding 'death in custody' - Understanding 'duty of care' - Discretionary processes - Alternatives to arrest - Detention after arrest - Safety in custody - Human Rights

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The information contained in the 2015 CSU Handbook was accurate at the date of publication: 01 October 2015. The University reserves the right to vary the information at any time without notice.