LAW312 Criminal and Civil Procedure

Updated: 18 April 2019
Credit Points 6
Offering
Location Teaching Period Mode of Study
Armidale Trimester 2 Online
Armidale Trimester 2 On Campus
Intensive School(s) None
Supervised Exam There is a supervised exam at the end of the teaching period in which you are enrolled. The paper-based exam will be held at an established exam venue, and coordinated by UNE Exams Unit.
Pre-requisites (prior to 2015: 24cp in Law or candidature in JD or LLM or SJD) or candidature in BA/LLB or BAgr/LLB or BBus/LLB or BCom/LLB or BCompSc/LLB or BCrim/LLB or BEcon/LLB or BEnvSc/LLB or BFinAdmin/LLB or BFinServ/LLB or BSc/LLB or JD or GradDipLegStuds or LLB and 36cp in Law including (LS160 or LS161 or LAW161) and (LS231 or LAW231) and (LS371 or LAW171); or candidature in LLM from 2015 (rule a or b - Australian); or candidature in LLM from 2015 (rule a or b - non-Australian) and LLM533; or candidature in LLM from 2015 (rule c and 48cp including LLM533))
Co-requisites None
Restrictions LS111 or LS312
Notes None
Combined Units None
Coordinator(s) Sharllene Marimuthu (smarimut@une.edu.au)
Unit Description

This unit introduces students to aspects of criminal and civil procedure.

In relation to criminal procedure, the unit introduces students to police powers and responsibilities in relation to arrest and interviewing, prosecutorial duties, fair trial doctrine and appeals against conviction.

In relation to civil procedure, it covers general principles of civil procedure and civil dispute resolution, pre-trial procedures, pleadings, trials, judgment and enforcement.

Prescribed Material
Mandatory

Text(s):

Note: Students are expected to purchase prescribed material. Please note that textbook requirements may vary from one teaching period to the next.

Civil Procedure: Commentary and Materials

ISBN: 9780409348842
Colbran, S., Spender, P., Douglas, R., Jackson, S., Penovic, T. and O'Brien, M., LexisNexis Butterworths 7th ed. 2019

Note: Electronic devices are not permitted in a paper-based exam. Therefore, if you choose to purchase this text as an e-book, you will not be permitted to use it in a paper-based open book exam. If the unit has an online supervised exam and you choose to sit the open book exam online (go to une.edu.au/online-exams for more information) you will be permitted to refer to the e-text during the online supervised exam, only if they are on the desktop/laptop computer.

Text refers to: Trimester 2, On Campus and Online

Hayes and Eburn, Criminal Law and Procedure in New South Wales

ISBN: 9780409343762
Eburn, E., Howie, R., Sattler, P. and Hood, M., LexisNexis Butterworths 5th ed. 2016

Note: Students can also use Brown, D. et al., "Criminal Laws: Materials and Commentary on Criminal Law and Process of New South Wales", 6th ed. 2015 (ISBN: 9781862879843).

Electronic devices are not permitted in a paper-based exam. Therefore, if you choose to purchase this text as an e-book, you will not be permitted to use it in a paper-based open book exam. If the unit has an online supervised exam and you choose to sit the open book exam online (go to une.edu.au/online-exams for more information) you will be permitted to refer to the e-text during the online supervised exam, only if they are on the desktop/laptop computer.

Text refers to: Trimester 2, On Campus and Online

Disclaimer Unit information may be subject to change prior to commencement of the teaching period.
Assessment
Must
Complete
Title Exam Length Weight Mode No. Words
Compulsory Assignment 50% 2000
Assessment Notes

Written Assessment. Students must pass this component to pass the unit

Relates to Learning Outcomes (LO)

LO: 1-4

Compulsory Final Examination 2 hrs 15 mins 50%
Assessment Notes

Students must pass this component to pass the unit

Relates to Learning Outcomes (LO)

LO:1-4


Learning Outcomes (LO) Upon completion of this unit, students will be able to:
  1. demonstrate a broad and coherent understanding of the criminal justice system, including the purposes of pre-trial criminal procedures and of the role of legal institutions including police, the DPP, defence lawyers, the jury and the courts;
  2. demonstrate a broad and coherent understanding of the applicable law relating to aspects of criminal procedure;
  3. demonstrate a broad and coherent understanding of the purposes and sources of procedural rules and practices relating to the steps required to commence, litigate and bring a civil matter to a conclusion; and
  4. autonomously research and frame solutions to procedural problems and demonstrate the ability to communicate solutions clearly and coherently to a variety of audiences.