LAW213 Criminal Procedure (8)

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.

Availability

* Offering has a residential school. Please view following information for further details.

Session 2 (60)
Online *
Bathurst Campus

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

Grading System

HD/FL

Duration

One session

School

Centre for Law and Justice

Enrolment Restrictions

Bachelor of Laws and the Bachelor of Laws/Criminal Justice students only.

Prerequisites

LAW112 and LAW116

Learning Outcomes

Upon successful completion of this subject, students should:
  • be able to explain and critically analyse 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, 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; and
  • be able to demonstrate an understanding of institutional bias and the role of the legal profession in facilitating access to justice for Indigenous people and communities.

Syllabus

This 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

Indicative Assessment

The following table summarises the assessment tasks for the online offering of LAW213 in Session 2 2019. Please note this is a guide only. Assessment tasks are regularly updated and can also differ to suit the mode of study (online or on campus).

Item Number
Title
Value %
1
Multiple choice quiz
10
2
Legal memorandum
40
3
Final exam
50

Residential School

This subject contains a 2 day Optional 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.

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

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