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Unit of Study LAWS2008 - Criminal Procedure (2023)

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Unit Snapshot

  • Pre-requisites

    Must have completed or be currently enrolled in
    LEGL1001 - Legal Research and Writing
    AND
    LEGL1005 - Legal Process

  • Anti-requisites

    LAW00507 Criminal Law and Procedure AND not available for students admitted to the Associate Degree in Law (Paralegal Studies) or Bachelor of Legal and Justice Studies.

  • Enrolment information

    Students admitted to the Associate Degree in Law (Paralegal Studies) or Bachelor of Legal and Justice Studies are not permitted to enrol in this unit. For further information contact: law.enquiry@scu.edu.au

Unit description

Provides the student with an introduction to the Australian criminal justice system, together with the principles and major procedural stages of Australian criminal procedure. This will include issues concerning police powers of arrest, search, seizure and interrogation; bail; right to legal representation; committal proceedings; juries; sentencing; appeals; the role of crime victims and anti-terrorism legislation. The unit also examines how the criminal justice system treats traditionally disadvantaged groups, such as children and Australian Indigenous peoples.

Unit content

Module 1: Introducing the Australian Criminal Justice System in context

Module 2: Investigation of Crime

Module 3: Pre-Trial Process

Module 4: Stakeholders in Criminal Procedure

Module 5: Post-trial procedure - sentencing

Module 6: First Nations people and children in the criminal justice system

Availabilities

Location Domestic International
Gold Coast
Term3
Term3
Online
Term3
Term3

Learning outcomes

Unit Learning Outcomes express learning achievement in terms of what a student should know, understand and be able to do on completion of a unit. These outcomes are aligned with the graduate attributes. The unit learning outcomes and graduate attributes are also the basis of evaluating prior learning.

On completion of this unit, students should be able to:

identify and demonstrate knowledge of the major aspects of the Australian criminal justice system and how this system attempts to account for the interests of its key stakeholders – defendants, victims, the community and the state, crime control and individual liberty, and the interests of the key stakeholders

communicate effectively, both orally and in writing, to legal audiences

recognise and analyse the general principles of criminal law theory and of criminal responsibility, and describe how power structures in society are reproduced in the criminal law and criminal justice system

Assess how disadvantaged groups, such as Indigenous Australians and children, are treated by the Australian criminal justice system.

Prescribed learning resources

Prescribed Texts
  • Hemming, A, Feld, F & Anthony, T, 2019, Criminal Procedure in Australia, 2nd, LexisNexis, Sydney. ISBN: 9780409350111.
  • This is also the prescribed text for Australian Criminal Law II (LAW10004): Bronitt, S & McSherry, B, 2017, Principles of Criminal Law, 4th edn, Lawbook Co, Pyrmont, NSW. ISBN: 9780455237909.
Prescribed Resources/Equipment
  • No prescribed resources/equipment.

Prescribed Learning Resources may change in future Teaching Periods.