This unit together with Criminal Law satisfies the prescribed area of knowledge for Criminal Law and Procedure as set out in Schedule 1 Legal Profession Uniform Admission Rules 2015.

Criminal procedure refers to the law and practices of investigating and enforcing criminal law. Sentencing covers the sanctions imposed on offenders in enforcement. It covers: courts exercising criminal jurisdiction; classification of offences; search, seizure and forensic processes; police questioning; arrest; commencing criminal proceedings; bail; committal hearings; pleadings and plea negotiations; and, the criminal trial including the functions of judges and juries, prosecutors and defence lawyers. It also covers the legal framework for sentencing including: the sources of law; the principles of parsimony, proportionality, parity and totality; sentencing hearings; public and victim input; and, control of sentencing discretions. They are considered in the context of philosophical concepts and public policies balancing the community's interest in the prevention of crime and protecting the liberties of the individual and in competing concepts of justice and the role of the legislative, executive, judicial branches of government.

Unit details

Location:
Online
Study level:
Undergraduate
Credit points:
12
Unit code:
LLW1002

Prerequisites

BLB1101 - Australian Legal System in Context

BLB1114 - Legal Research Methods

LLW1001 - Criminal Law

Learning Outcomes

On successful completion of this unit, students will be able to:
  1. Critically review the general principles relating to criminal procedure and sentencing in problem solving and decision making;  
  2. Adapt and apply doctrines of precedent and rules of statutory interpretation to contemporary problems in criminal investigation and sentencing using inductive and deductive thought processes;  
  3. Justify the resolution of problems using case and statute law as authorities with creativity and intellectual independence.  
  4. Critically evaluate theories and policies relating to criminal procedure and sentencing in the context of liberal concepts of the state and the individual and varying concepts of justice.  

Assessment

Assessment type Description Grade
Test Quiz x 2 20%
Assignment Presentation (20%) and Supporting Document (10%) 30%
Examination Final examination 50%

Required reading

Criminal Investigation and Procedure in Victoria (http://library.vu.edu.au/record=b4123072) 3rd ed
Corns, Christopher,2019 eBook
Thomson Reuters

Crimes Act
1958
(Vic)

Sentencing Act
1991
(Vic)

Criminal Procedure Act
2009
(Vic)

Where to next?

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