LAWS5186 Criminal Procedure: the Trial Process

6 points
Not available in 2018UWA (Perth)Face to face
This unit examines and analyses selected aspects of the criminal process including the nature of adversarial proceedings; arrest, search and seizure; bail applications and associated issues; and disclosure obligations. It covers pre-trial appearances/applications, summary hearings of simple offences and indictable offences triable summarily; as well as the issues associated with trials of indictable offences, including jury selection, the role of counsel, the trial judge and the DPP. It examines sentencing options and principles, and appeals against conviction and/or sentence.
Students are able to (1) demonstrate at an advanced level knowledge of (a) the key pieces of legislation relating to the procedure of criminal law; (b) the key case law relevant to criminal procedure; and (c) the procedural rules associated with criminal law; (2) demonstrate (a) the ability to identify and apply key sections of the legislation to factual situations and explain in detail the consequences of this; (b) the ability to identify and apply the relevant case law to factual situations and explain in detail the consequences of this; and (c) a developing ability to exercise professional judgment with regards to the procedure of criminal law; (3) demonstrate the ability to (a) identify and articulate complex issues that arise in the procedure of criminal law; (b) integrate principle and policy arguments in relation to fundamental procedural considerations with current and proposed procedural rules; and (c) draft in plain English key procedural documents and forms; and (4) demonstrate an ability and willingness to (a) participate and contribute to seminar discussion; and (b) present arguments in ways that are effective, appropriate and persuasive to legal and non-legal audiences.
Typically this unit is assessed in the following ways: (1) written assignment; (2) in-class oral presentation; and (3) written submission. Further information is available in the unit outline.

a Juris Doctor student who has obtained a mark of 45 to 49 and is currently enrolled in this unit, and it is the only remaining unit that the student must pass in order to complete their course
Unit rules
LAWS4101 Legal Process; LAWS4102 Criminal Law; LAWS4103 Contract; LAWS4104 Property; LAWS4106 Torts; LAWS4107 Land Law; LAWS4108 Foundations of Public Law; LAWS5106 Legal Theory and Ethics
LAWS4109 Legal Theory and Ethics
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