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Criminal Procedure: Law and Practice (LAWS90016)
Graduate courseworkPoints: 12.5Not available in 2019
Overview
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This subject aims to teach Australian criminal procedure in depth. Successful students will understand the Australian criminal process, from investigation through charge, pre-trial, plea, appeal and ancillary phases. Students will be familiar with the key legislation and with the major cases applicable. The subject is directly relevant to criminal practice Australia-wide, and has additional relevance to practice in public law.
The subject also engages with the laws and policies which shape criminal procedure as applied in court.
- First, recent Victorian legislation impacts directly: students will study the application and effect of the Criminal Procedure Act 2008 and the Jury Directions Act 2013.
- Secondly, recent High Court authority impacts directly: students will consider the effect of Lee v The Queen [2014] HCA 20 and X7 [2013] 248 CLR 92, the ‘public law’ quality of criminal procedure, and the development of the ‘principle of legality’.
- Thirdly, international human rights norms impact: students will consider international materials (the ICCPR, selected ICTY and ICC decisions and materials, and selected cases from national courts outside Australia) and understand how these notions can apply in practice in Australia.
Principal topics include:
- Fundamental concepts: the criminal process, the principle of legality, the relevance of human rights to the process, the notion of a fair trial
- Investigation: jurisdiction, warrants and coercive orders.
- Charge and Indictment
- Pre-trial management: media, bail, victim and witnesses, asset freezing
- Disclosure of the case and the evidence
- The trial process
- Sentencing hearings
- Appeals, review and clemency.
Intended learning outcomes
A student who has successfully completed this subject will:
- Have an advanced and integrated understanding of the elements and rules of Criminal Procedure, and its principles and sources, including recent and relevant legislative, common law and international developments
- Be able to critically examine, analyse, interpret and assess the effectiveness of these legal rules
- Be an engaged participant in debate regarding contemporary issues, including the application of privilege, the right to silence and its limits, disclosure obligations of prosecutors, defendants and third parties, open justice, trial management under the Jury Directions Act 2013 and the dictates of the accusatorial system
- Have a sophisticated appreciation of the issues relevant to recent and current parliamentary reform of the criminal process
- Have an advanced understanding of the practical effects of the current elements of procedure in real proceedings
- Have a detailed understanding of the international and human rights influences upon criminal procedure, now and in future
- Have the cognitive and technical skills to generate critical and creative ideas relating to the development of criminal procedure in all its phases, and to critically evaluate existing legislation and current law reform proposals
- Have the cognitive and technical skills to independently examine, research and analyse all aspects of the criminal process
- Have the communication skills to clearly articulate and convey complex information regarding the criminal process both to specialist and non-specialist audiences
- Be able demonstrate autonomy, expert judgment and responsibility as a practitioner and learner in the field.
Last updated: 3 November 2022
Eligibility and requirements
Prerequisites
None
Corequisites
None
Non-allowed subjects
None
Recommended background knowledge
Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant’s educational background and professional experience.
Inherent requirements (core participation requirements)
The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.
Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home
Last updated: 3 November 2022
Assessment
Additional details
- A ‘real-world’ written exercise (30%) Students will formulate written submissions in the required format, based on a brief of evidence; these submissions will be supported by brief oral submissions
- 7,000 word research paper (70%) on a topic approved by the subject coordinator
A minimum of 75% attendance is a hurdle requirement.
Last updated: 3 November 2022
Dates & times
Not available in 2019
Time commitment details
The pre-teaching period commences four weeks before the subject commencement date. From this time, students are expected to access and review the Reading Guide that will be available from the LMS subject page and the subject materials provided by the subject coordinator, which will be available from Melbourne Law School. Refer to the Reading Guide for confirmation of which resources need to be read and what other preparation is required before the teaching period commences.
Additional delivery details
This subject has a quota of 30 students. Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.
Last updated: 3 November 2022
Further information
- Texts
Prescribed texts
Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Details regarding any prescribed texts will be provided prior to the commencement of the subject.
- Related Handbook entries
This subject contributes to the following:
Type Name Course Master of Public and International Law Course Master of Laws Course Graduate Diploma in Dispute Resolution Course Graduate Diploma in Legal Studies - Links to additional information
law.unimelb.edu.au
- Available through the Community Access Program
About the Community Access Program (CAP)
This subject is available through the Community Access Program (also called Single Subject Studies) which allows you to enrol in single subjects offered by the University of Melbourne, without the commitment required to complete a whole degree.
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
Additional information for this subject
If required, please contact law-admissions@unimelb.edu.au for subject coordinator approval.
- Available to Study Abroad and/or Study Exchange Students
This subject is available to students studying at the University from eligible overseas institutions on exchange and study abroad. Students are required to satisfy any listed requirements, such as pre- and co-requisites, for enrolment in the subject.
Last updated: 3 November 2022