JST319 Evidence and Procedure (8)

This subject focuses upon the Evidence Act 1995 (NSW) and addresses police powers. It explores the major evidential and procedural issues involved in and underpinning the prosecution of criminal matters. This subject covers the criminal justice process from pre-trial investigation, arrest, pleadings, the trial and appeals. There is a focus on police powers and the law relating to improperly obtained evidence and perjury. The subject will equip the student with a practical and theoretical knowledge of aspects of evidence and procedure within the criminal justice system in NSW.

No offerings have been identified for this subject in 2020.

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

Subject Information

Grading System

HD/FL

Duration

One session

School

Australian Graduate School of Policing and Security

Enrolment Restrictions

Not available to students who have completed JST202 Evidence and Procedure

Prerequisites

JST201

Learning Outcomes

Upon successful completion of this subject, students should:
  • be able to explain evidence law in NSW and compare with other Australian jurisdictions;
  • be able to explain the law relating to each phase of the criminal law and court process;
  • be able to explain and critique the basic rules of evidence applicable to criminal trials; major ethical and legal issues relating to improper conduct by police and prosecution;
  • be able to articulate their understanding clearly and cogently;
  • be able to demonstrate a growing professional awareness by being professional in all communications and conduct with academic staff and other students, and through presentation of assignments

Syllabus

This subject will cover the following topics:
  • Introduction to the Evidence Act 1995 (NSW) and common law history; police powers; criminal pleadings; competence and compellability of witnesses; oaths and affirmations; the defence, the prosecution and the criminal trial; examination in chief; cross examination and re-examination; burdens, standards and presumptions; the accused's right of silence; admissibility of evidence; relevance; the hearsay rule and its exceptions; the opinion rule; admissions, confessions and improperly obtained evidence; the rule re judgements and convictions; the tendency or coincidence rule; the credibility rule.

The information contained in the CSU Handbook was accurate at the date of publication: February 2020. The University reserves the right to vary the information at any time without notice.

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