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LAW213 Criminal Procedure (8)

Abstract

This subject introduces students to criminal procedure. It is concerned with the procedures relating to criminal justice which are separate to the substantive hearing. It addresses police powers, arrest and bail, sentencing, access to justice, and contemporary issues relevant to regional, rural, remote and Indigenous communities. Students will consider the issue of 'targeted' law reform and its implications for diverse communites and vulnerable groups.

+ Subject Availability Modes and Location

Session 2
Distance*Bathurst Campus
*This subject offering contains a residential school. Please view following information for further details.
Continuing students should consult the SAL for current offering details: LAW213
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:
One sessionHD/FLCentre for Law and Justice

Assumed Knowledge

NA

Enrolment restrictions

Bachelor of Laws students only.

Learning Outcomes

Upon successful completion of this subject, students should:
  • be able to explain and analyse critically the relationship between criminal law and other branches of law as systems of social control
  • be able to identify and discuss ways in which law responds to particular social problems
  • be able to demonstrate an in-depth understanding of the elements of criminal procedure, such as arrest, bail, preliminary examination, processes to compel appearance, together with the operative framework of criminal trials
  • be able to demonstrate critical awareness of the benefits, limitations and injustices connected to the imposition of criminal law
  • be able to demonstrate the impact of public policy and law reform
  • be able to analyse the impact on regional, rural, remote and indigenous communities of 'targeted' law reform

Syllabus

The subject will cover the following topics:
  • Institutional arrangements of criminal procedure and their respective rationales
  • Aims, structure and operation of the criminal justice system
  • Criminal law as a means of social control
  • Vulnerable groups and over-representation
  • Social problems and the law
  • Public policy and contemporary law reform and the impact on regional, rural, remote and Indigenous communities
  • Criminal procedure including police powers and pre-trial process
  • Arrest and bail
  • Preliminary examination
  • The trial of indictable offences
  • Process to compel appearance
  • Access to justice
  • Sentencing
  • Customary law
  • The criminal justice legal system in the 21st Century

Residential School

This subject contains a optional 2 day residential school. The 2-day residential school for this subject is optional. It will cover the seminar topics relevant to the subject with particular emphasis on relevant case law, precedents and legislation.

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The information contained in the 2016 CSU Handbook was accurate at the date of publication: 06 September 2016. The University reserves the right to vary the information at any time without notice.