Criminal Procedure

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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 … For more content click the Read More button below.

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.

Syllabus

Institutional arrangements of criminal procedure and their respective rationalesAims, structure and operation of the criminal justice system Criminal law as a means of social controlVulnerable groups and over-representationSocial problems and the lawPublic policy and contemporary law reform and the impact on regional, rural, remote and Indigenous communitiesCriminal procedure including police … For more content click the Read More button below.

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

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.

Enrolment restrictions

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

Pre-requisite

Learning activities

LAW213