Studying online

There are now 2 possible online modes for units:

Units with modes Online timetabled and Online flexible are available for any student to self-enrol and study online.

Click on an offering mode for more details.

Unit Overview

Description

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.

Credit
6 points
Outcomes

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.

Assessment

Indicative assessments in this unit are as follows: (1) written assignment; (2) in-class oral presentation; and (3) written submission. Further information is available in the unit outline.



Student may be offered supplementary assessment in this unit if they meet the eligibility criteria.

Unit rules
Prerequisites
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
or LAWS4109 Legal Theory and Ethics
  • The availability of units in Semester 1, 2, etc. was correct at the time of publication but may be subject to change.
  • All students are responsible for identifying when they need assistance to improve their academic learning, research, English language and numeracy skills; seeking out the services and resources available to help them; and applying what they learn. Students are encouraged to register for free online support through GETSmart; to help themselves to the extensive range of resources on UWA's STUDYSmarter website; and to participate in WRITESmart and (ma+hs)Smart drop-ins and workshops.
  • Unit readings, including any essential textbooks, are listed in the unit outline for each unit, one week prior the commencement of study. The unit outline will be available via the LMS and the UWA Handbook one week prior the commencement of study. Reading lists and essential textbooks are subject to change each semester. Information on essential textbooks will also be made available on the Essential Textbooks. This website is updated regularly in the lead up to semester so content may change. It is recommended that students purchase essential textbooks for convenience due to the frequency with which they will be required during the unit. A limited number of textbooks will be made available from the Library in print and will also be made available online wherever possible. Essential textbooks can be purchased from the commercial vendors to secure the best deal. The Student Guild can provide assistance on where to purchase books if required. Books can be purchased second hand at the Guild Secondhand bookshop (second floor, Guild Village), which is located on campus.
  • Contact hours provide an indication of the type and extent of in-class activities this unit may contain. The total amount of student work (including contact hours, assessment time, and self-study) will approximate 150 hours per 6 credit points.