LAW 6506 - Criminal Law Practice
North Terrace Campus - Semester 1 - 2015
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General Course Information
Course Details
Course Code LAW 6506 Course Criminal Law Practice Coordinating Unit Adelaide Law School Term Semester 1 Level Postgraduate Coursework Location/s North Terrace Campus Units 3 Contact Intensive Available for Study Abroad and Exchange Y Prerequisites LAW 6501 Assessment Assessment in this course will include a combination of two or more of the following: Making a plea and bail application, Advocacy demonstration, letters of advice, online quizzes, multiple choice questions and discussion boards. Course Staff
Course Coordinator: Michelle Elliott
In the first instance, students are to contact the GDLP Coordinator, Michelle Elliott at michelle.elliott@lawsocietysa.asn.au
The GDLP Coordinator will contact the appropriate Course Supervisor if further clarification of a student query is needed.
Course Supervisor: Kos Lesses
Course Coordinator (UA Law School): Kellie TooleCourse Timetable
The full timetable of all activities for this course can be accessed from .
The full timetable of all activites for this course can be accessed from the Course Planner
LECTURES
For Criminal Law there are 8 hours of lectures: the lectures are pre-recorded and available online.
There are NO face to face lectures.
SEMINARS
For Criminal Law there are 8 hours of Seminars divided into the following blocks of time
All Seminars are compulsory
Students enrol in ONE seminar group ONLY
Making a Bail Application Practice
Making a Guilty Plea Practice
Making a Bail Application Assessment
Making a Guilty Plea Asssessment
OFF-SITE SEMINAR - Practical Coaching Clinic with Guest Practitioners
Students will be divided into groups and will actively participate in the following:
Opening and/or Closing Address
Examination in Chief and Cross Examination
Seminar is off site at the District Court
This seminar at the District Court is compulsory
PRACTICAL ASSESSMENT
This Practical is compulsory.
Students are provided with the opportunity to demonstrate skills and knowledge developed in the Practical Coaching Clinic.
Students are divided into groups and set times are scheduled (to be advised based on group size)
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Learning Outcomes
Course Learning Outcomes
At the end of this course you will be able to:
1. Providing advice
• identified the client’s legal rights and legal powers of the police or other prosecutors or investigators in relation to a criminal matter.
• informed the client of those rights and powers in a way that a reasonable client could understand.
• identified the legal elements of any offence with which the client is charged.
• where possible, confirmed in writing any instructions given by the client in response to initial advice.
• implemented the client's instructions, when it is appropriate in the circumstances to do so.
2. Applying for bail
• identified the client’s options and communicated them to the client in a way a reasonable client could understand.
• helped the client to make an informed decision about which option to select.
• made, or been involved in the process of making, or observed, an application for bail or taken other action effectively in the circumstances.
• fully advised the client of any bail conditions.
3. Making pleas
• identified the client’s options and communicated them to the client in a way a reasonable client could understand.
• identified and gathered all material useful to the plea, according to law and good practice.
• presented, or been involved in the process of presenting, or observed the presentation of, the plea in an effective and persuasive manner, having regard to the circumstances of the case.
• advised the client fully of the outcome in a way a reasonable client could understand.
4. Representing a client in minor matters
• completed all preparation required by law, good practice and the circumstances of the case.
• represented, or been involved in representing the client, or observed the client being represented, effectively at a contested hearing.
5. Assisting to prepare cases for trial
• identified and gathered the evidence needed to support the client’s case.
• identified and briefed, or been involved in briefing, appropriate experts (including counsel) having regard to good practice and the requirements of the case.University Graduate Attributes
This course will provide students with an opportunity to develop the Graduate Attribute(s) specified below:
University Graduate Attribute Course Learning Outcome(s) Knowledge and understanding of the content and techniques of a chosen discipline at advanced levels that are internationally recognised. 1 to 5 The ability to locate, analyse, evaluate and synthesise information from a wide variety of sources in a planned and timely manner. 1 to 5 An ability to apply effective, creative and innovative solutions, both independently and cooperatively, to current and future problems. 1 to 5 Skills of a high order in interpersonal understanding, teamwork and communication. 1 to 5 A proficiency in the appropriate use of contemporary technologies. 1 to 5 A commitment to continuous learning and the capacity to maintain intellectual curiosity throughout life. 1 to 5 A commitment to the highest standards of professional endeavour and the ability to take a leadership role in the community. 1,4,5 An awareness of ethical, social and cultural issues within a global context and their importance in the exercise of professional skills and responsibilities. 1 to 5 -
Learning Resources
Required Resources
Seminar resources and readings are available on MyUni ONLY. Please NOTE there will be no hard copy of resources printed. Students must bring electronic devices to seminars to access seminar materials. Supplementary online quizzes and activities to enhance students learning are available on MyUni.
Due to the emphasis on current legal practice, other materials may be added after the course outline has been posted. Students are required to check MyUni regularly (at least weekly) to keep up to date.
Bail
READINGS
Bail Applications by Claire O’Connor (2012)
Whether to Prosecute – Extracts from the DPP’s Statement of Prosecution Policy and Guidelines
ACTS and REGULATIONS
Bail Act 1985
Controlled Substances Act 1984
Controlled Substances (General) Regulations 2000
Criminal Law Consolidation Act 1935
Guilty Pleas
READINGS
Guilty Pleas and Sentencing – Useful Cases to Know
Guilty Pleas in the Magistrates Courts by Claire O’Connor (2012)
Guilty Pleas: Judge Rice (CPD April 2011)
Tips and Traps of Presenting Cases in the Magistrates Court by
Kym Boxall SM (CPD May 2001 updated July 2010)
ACTS and REGULATIONS
Trial Preparation
READINGS
Preparation for Trial: A Checklist
Pre-trial Conferences and Direction Hearings (please also refer to Rule 26 below)
Preparing for your first (few) Criminal Trial(s) in the Magistrates Court by Tim Dibden (CPD Nov 2006)
Tips and traps for Presenting Cases in the District Court by The Honourable Justice Sulan (formerly His Honour Judge Sulan) (CPD May 2001)
RULES
Magistrates Court Rules
ADVICE TO CLIENTS
1. Standard Arrest Advice by Claire O’Connor
2. Extract from Standard Arrest Advice by Kathryn Waite (CPD Sept 2010 edited by Claire O’Connor)
3. Guide to Client Advice, adapted from Criminal Law Precedents by Ian Dearden and Keith Tronc
TRAFFIC MATTERS
4. Traffic Offences – Motor Accident Update by Joana Fuller (CPD Feb 2006 updated June 2010)
5. Road Traffic Law Update – Recent Case Law (PowerPoint Presentation) by Joana Fuller (CPD Mar 2011)
6. Drink Driving by Michael Woods (CPD April 2012)
7. Speeding by Michael Woods (CPD April 2012)
8. Driving Disqualified by Craig Caldicott (CPD April 2012)
RUNNING A FILE
9. Running a Criminal File – A User’s Guide by Claire O’Connor
ALTERNATIVE COURTS
10. Is Imprisonment The Only Sentence Available : Michael Woods (CPD Mar 2011)
11. Drug Intervention Programs (PowerPoint Presentation) by Sue King (CPD Feb 2011)
12. Magistrates Court Diversion Program (PowerPoint Presentation) by Sue King (CPD Feb 2011)
Magistrates Court Drug Court (information from the CAA website) http://www.courts.sa.gov.au/courts/drug_court/index.html
Magistrates Court – Court Diversion Program (information from the CAA website) http://www.courts.sa.gov.au/courts/magistrates/court_diversion.html
13a&b.Treatment Intervention Program (2 x pdfs)Recommended Resources
Most course resources are provided to students ONLINE via MyUni. Relevant law can be accessed online via:
http://www.comlaw.gov.au/
http://www.legislation.sa.gov.au/index.aspx
http://www.austlii.edu.au/
Due to the emphasis on current legal practice, other materials may be added after the course outline has been posted. Students are required to check MyUni regularly (at least weekly) to keep up to date.Online Learning
All course materials are provided on MyUni. This includes readings, seminar materials, assessment information and instructions, and audio recordings of lectures. Students are required to check MyUni regularly (at least weekly) to keep up to date. -
Learning & Teaching Activities
Learning & Teaching Modes
The course will be taught through online lectures supported by face to face interactive problem-solving seminars and practical exercises developing primary material.
Students MUST come prepared for seminars, namely having undertaken prior readings and developed draft responses to the seminar questions. If students have not prepared and / or arrive more than 10 minutes late they may be asked to leave the seminar group.
A reminder that students MUST bring along electronic devices to the seminar so they can access the seminar materials electronically.
Attendance is necessary to ensure that students are part of the interactive and reflective learning environment (which enhances learning outcomes) and provides students with the ability to develop their skills of oral presentation, teamwork and persuasion (valuable to the professional environment). Students are expected to behave in an ethical and professional manner as would be expected in the workplace environment (compliant with the professional conduct rules and standards).
Students, who due to disability, compelling medical or compassionate reasons, or in exceptional circumstance, are unable to attend the required seminars, may complete alterative work in lieu of attendance. The precise nature of this make-up work will depend on the seminar misses and will be negotiated with the GDLP Coordinator. Students MUST inform the GDLP Coordinator at the earliest opportunity of their absence and where they require this make-up work option.Workload
The information below is provided as a guide to assist students in engaging appropriately with the course requirements.
In addition to the lectures and seminars (see course timetable) we recommend that you spend 8 hours per week in private study which includes reading the materials, preparing for lectures and seminars and undertaking the assessment tasks.
Learning Activities Summary
Topic 1: Criminal Trial Advocacy Preparation
Lecture 1a: 1.5 hours
Criminal Trial Advocacy Preparation (including Case Concept)
Lecture 1b: 1.5 hours
The Role of the Office of the DPP and Police in Prosecutions
Assessment: Quiz
Topic 2: Bail Applications and Guilty Pleas
Lecture 2a: 1 hour
Making a Bail Application
Lecture 2b: 1 hour
Making a Guilty Plea
Seminar 1a: 2 hours
Making a Bail Application Practice (Group setting)
Seminar 1b: 2 hours
Making a Guilty Plea Practice (Group setting)
Seminar 2a:
Making a Bail Application Assessment (one to one appointments will be made)
Assessment: Making a Bail Application
Seminar 2b:
Making a Guilty Plea Asssessment (one to one appointments will be made)
Assessment: Making a Guilty Plea Application
Topic 3: Opening and Closing Address
Lecutre 3: 1.5 hours
Opening and Closing Addresses
Topic 4: Examination in Chief and Cross Examination
Lecture 4: 1.5 hours
Practical: District Court (Group setting)
Guest Practitioners/Trial Snippets
Open and/or Closing address
Examination in Chief and Cross Examination
Practical Assessment
Assessment: Open &/or Closing Addresses and Examination in Chief & Cross Examination (one to one appointments)
Assessments:
Demonstration of Case Criminal Trial Prepartion, including Case Concept
Demonstration of an Opening or Closing Address
Demonstration of a Examination in Chief or Cross ExaminationSpecific Course Requirements
The course is based on the rules of the Legal Practitioners Education and Admission Council (LPEAC) 2004 and Law Admissions Consultative Committee 2015 which specifies the expected competency standards for entry level lawyers at the point of admission. In order to pass this course you are expected to demonstrate competence in these standards. Consequently, the compulsory attendance and active participation in seminars is required in addition to assessment tasks. -
Assessment
The University's policy on Assessment for Coursework Programs is based on the following four principles:
- Assessment must encourage and reinforce learning.
- Assessment must enable robust and fair judgements about student performance.
- Assessment practices must be fair and equitable to students and give them the opportunity to demonstrate what they have learned.
- Assessment must maintain academic standards.
Assessment Summary
Assessments will be made available to students, prior to the nominated deadline.
Note: Competence must be demonstrated in all assessment tasks and activities.
Assessment deadlines are as follows, unless otherwise advised:
Topic 1: Criminal Trial Advocacy Preparation
Assessment:
Quiz
Learning outcomes 1-5
Available: 17/5/15, 9am
Deadline: 24/5/15, 5pm
Topic 2: Bail Applications and Guilty Pleas
Assessment:
Making a Bail and Guilty Plea Applications
Learning outcomes 1-3
Deadline: At Assessment Seminars - 22/5/15
Topic 3 and 4: Opening & Closing Address and Examination in Chief & Cross Examination
Assessment:
Demonstration of Criminal Trial Prepartion, including Case Concept
Demonstration of an Opening and/or Closing Address
Demonstration of a Examination in Chief or Cross Examination
Learning outcomes 1-5
Deadline: 28/5/15
Assessment Related Requirements
Detailed information regarding the specific details of assessment which are required to be completed satisfactorily will be provided on MyUni.
In this course, students will also be assessed on the following:
- Attendance (95% rule applies)
- Punctuality
- Workload management and ability to adhere to deadlines
- Display active engagement in practical activities
- Demonstrate respectful behaviour towards others
- Maintaining a high level of confidentiality at all times
- Satisfactory completion of prescribed exercises
Assessment Detail
Unless otherwise stated, there will be no prescribed word limit for assessments.
This is because the purpose of the GDLP programme is to facilitate your transition from undergraduate academic law studies to the legal professional employment environment through the demonstration and practice of professionally-based skills and competencies. In a legal practice it is highly unlikely you will be set a certain number of words or pages for the tasks you are asked to complete.
However, in the majority of assessments guidelines will be provided.
The quality of English expression is considered to be an integral part of the assessment process.
Assessment competence will take into consideration: expression, structure, correct grammar, typography, etc.
Presentation is to be single spaced and 2.5cm left margin.
Assessments will be returned to students within 3 weeks of the due date, unless otherwise notified by the GDLP Program Coordinator through a Course Announcement.
Submission
Students must retain a copy of all assessments submitted.
Students are to submit assessments online within MyUni.
Please note: where forms or documents have been outlined in assessment activities for completion these should be downloaded from original sources and completed in an electronic format, if not supplied.
Students will be marked in accordance with the marking rubric.
Resubmission
Students are required to demonstrate competency in all elements of the national competency standards and failure to do so will result in the relevant assessment being marked as non-competent (fail). All non-competent (failed) assessments, per University policy, are double-marked before the results are released back to the student. The first and second markers discuss what the final result will be.
If the assessment is deemed non-competent (fail) after the double-marking process, students may be offered the opportunity to revise and resubmit the assessment. Students granted a resubmission will have 7 days from the time they are informed by email from the LSSA GDLP Office to resubmit the assessment. In most cases only the parts of the assessment that do not attain competence will be required to be resubmitted. Only ONE opportunity is provided for resubmission.
Extensions
Students MUST apply for an extension prior to the deadline to the GDLP Coordinator.
Extensions on medical and compassionate grounds will be in accordance with University policy.
Late Submission
NOTE: in this course, students are assessed against a professional workplace standard; namely
- Punctuality
- Workload management and ability to adhere to deadlines
Course Grading
Grades for your performance in this course will be awarded in accordance with the following scheme:
GS8 (Coursework Grade Scheme) Grade Description CN Continuing FNS Fail No Submission NFE No Formal Examination F Fail NGP Non Graded Pass P Pass C Credit D Distinction HD High Distinction RP Result Pending Further details of the grades/results can be obtained from Examinations.
Grade Descriptors are available which provide a general guide to the standard of work that is expected at each grade level. More information at Assessment for Coursework Programs.
Grades for your performance in this course will be awarded in accordance with the following scheme:
Grade Grade reflects following criteria for allocation of grade: Reported on Official Transcript Fail No Submission No work submitted for assessment FNS Fail Competency not demonstrated F Non-Graded Pass Competency demonstrated NGP Result Pending An interim result RP Continuing Continuing CN No Formal Examination No formal examination NFE
Grade Descriptors are available which provide a general guide to the standard of work that is expected at each grade level. More information at Assessment for Coursework Programs.Final results for this course will be made available through .
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Student Feedback
The University places a high priority on approaches to learning and teaching that enhance the student experience. Feedback is sought from students in a variety of ways including on-going engagement with staff, the use of online discussion boards and the use of Student Experience of Learning and Teaching (SELT) surveys as well as GOS surveys and Program reviews.
SELTs are an important source of information to inform individual teaching practice, decisions about teaching duties, and course and program curriculum design. They enable the University to assess how effectively its learning environments and teaching practices facilitate student engagement and learning outcomes. Under the current SELT Policy (http://www.adelaide.edu.au/policies/101/) course SELTs are mandated and must be conducted at the conclusion of each term/semester/trimester for every course offering. Feedback on issues raised through course SELT surveys is made available to enrolled students through various resources (e.g. MyUni). In addition aggregated course SELT data is available.
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Student Support
- Academic Integrity for Students
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- Careers Services
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- Students with a Disability - Alternative academic arrangements
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Policies & Guidelines
This section contains links to relevant assessment-related policies and guidelines - all university policies.
- Academic Credit Arrangements Policy
- Academic Integrity Policy
- Academic Progress by Coursework Students Policy
- Assessment for Coursework Programs Policy
- Copyright Compliance Policy
- Coursework Academic Programs Policy
- Intellectual Property Policy
- IT Acceptable Use and Security Policy
- Modified Arrangements for Coursework Assessment Policy
- Reasonable Adjustments to Learning, Teaching & Assessment for Students with a Disability Policy
- Student Experience of Learning and Teaching Policy
- Student Grievance Resolution Process
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