LAW312 Criminal and Civil Procedure

UNE has cancelled in-person, paper-based exams for Trimester 1 per government advice to avoid large indoor gatherings. Instead, all exams will either be transferred to other modes of assessment, or offered online. We are working as quickly as possible to update the published information regarding unit assessments but warn that the information contained here may be inaccurate or subject to change. Information about assessment changes will be provided to student via individual Moodle unit sites as they become available. Immediate information on online exams is available on UNE's Online Supervised Exams page.

Updated: 26 May 2020
Credit Points 6
Offering
Location Teaching Period Mode of Study
Armidale OUA Trimester 2 Online
Armidale Trimester 2 Online
Intensive School(s) None
Supervised Exam There is a supervised exam at the end of the teaching period in which you are enrolled. The exam will either be paper-based and offered at an established exam venue or online with supervision via webcam and screen sharing technology. Coordinated by UNE Exams Unit.
Pre-requisites 24cp in Law including (LS160 or LS161 or LAW161) and (LS231 or LAW231 or LAW131) and (LS371 or LAW171 or LAW172)
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 Online Supervised Exams for more information) you will be permitted to refer to the e-text during the online supervised exam, only if it is on the desktop/laptop computer.

Text refers to: Trimester 2, Online

Hayes and Eburn Criminal Law and Procedure in New South Wales

ISBN: 9780409350265
Howie, S., Sattler, P. and Hood, M., LexisNexis 6th ed. 2019

Note: Alternatively, students can choose Brown, D. et al., "Criminal Laws: Materials and Commentary on Criminal Law and Process of New South Wales", 7th ed. 2020 (ISBN: 9781760021795). 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 Online Supervised Exams for more information) you will be permitted to refer to the e-text during the online supervised exam, only if it is on the desktop/laptop computer.

Text refers to: Trimester 2, 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% 2000
Assessment Notes

Students must pass this component to pass the unit. There is a supervised exam at the end of the teaching period in which you are enrolled. The exam will be offered online with supervision via webcam and screen sharing technology. Coordinated by UNE Exams 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.