Criminal and Civil Procedure
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Online and other materials
Subjects may require attendance
- 29 Jun 2020
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Upon completion of this subject, students will be able to:
- demonstrate a broad and coherent understanding of the criminal justice system, including the purposes of pre-trial criminal procedures and of the role of legal institutions including police, the DPP, defence lawyers, the jury and the courts;
- demonstrate a broad and coherent understanding of the applicable law relating to aspects of criminal procedure;
- demonstrate a broad and coherent understanding of the purposes and sources of procedural rules and practices relating to the steps required to commence, litigate and bring a civil matter to a conclusion; and
- autonomously research and frame solutions to procedural problems and demonstrate the ability to communicate solutions clearly and coherently to a variety of audiences.
- Topics will be available to enrolled students in the subjects Learning Management System site approximately one week prior to the commencement of the teaching period.
You won't be able to enrol into this subject if you've already successfully completed or currently enrolled in the following subject(s) as they are considered anti-requisites due to the similarity of the content.
You must either have successfully completed the following subject(s) before starting this subject, or currently be enrolled in the following subject(s) in a prior study period; or enrol in the following subject(s) to study prior to this subject:
Please note that your enrolment in this subject is conditional on successful completion of these prerequisite subject(s). If you study the prerequisite subject(s) in the study period immediately prior to studying this subject, your result for the prerequisite subject(s) will not be finalised prior to the close of enrolment. In this situation, should you not complete your prerequisite subject(s) successfully you should not continue with your enrolment in this subject. If you are currently enrolled in the prerequisite subject(s) and believe you may not complete these all successfully, it is your responsibility to reschedule your study of this subject to give you time to re-attempt the prerequisite subject(s)
To enrol in this subject you will need to pass UNE-LAW100 and UNE-LAW101 and UNE-LAW161 and UNE-LAW171 subjects. Please note as UNE results are released after the close of enrolment date, your enrolment into this subject will be withdrawn if you do not receive a satisfactory result for UNE-LAW100 and UNE-LAW101 and UNE-LAW161 and UNE-LAW171. This is a paired unit with UNE-LAW161. Students who have successfully completed UNE-LAW161 should undertake this unit in 2020. If students do not undertake and successfully complete this unit in 2020, they will need to complete UNE-LAW162. UNE-LAW161 will then count as a Listed Law Unit rather than a Core Unit. Students who successfully complete LAW162 do not undertake LAW312.
- EquipmentDetails - Headphones or speakers (required to listen to lectures and other media) Headset, including microphone (highly recommended) Webcam (may be required for participation in virtual classrooms and/or media presentations).
- SoftwareDetails - It is essential for students to have reliable internet access in order to participate in and complete your units, regardless of whether they contain an on campus attendance or intensive school component. For additional information please visit UNE Hardware Requirements: https://www.une.edu.au/current-students/support/it-services/hardware
- TravelDetails - Travel may be required to attend the Final Examination for this subject.
- OtherDetails -
Textbook information is not available until approximately 8 weeks prior to the commencement of the Teaching period.
Students are expected to purchase prescribed material.
Textbook requirements may vary from one teaching period to the next.
This subject introduces students to aspects of criminal and civil procedure.
In relation to criminal procedure, the subject introduces students to police powers and responsibilities in relation to arrest and interviewing, prosecutorial duties, fair trial doctrine and appeals against conviction.
In relation to civil procedure, it covers general principles of civil procedure and civil dispute resolution, pre-trial procedures, pleadings, trials, judgment and enforcement.
Written Assessment: 2000 words. Students must pass this component to pass the unit. Relates to Learning Outcomes (LOs) 1-4 Final Examination: 2 hrs 15 mins. Students must pass this component to pass the unit. There is a supervised exam at the end of the teaching period in which you are enrolled. The exam will be offered online with supervision via webcam and screen sharing technology. Coordinated by UNE Exams Unit. UNE manages supervised exams associated with your UNE subjects. Prior to census date, UNE releases exam timetables. They’ll email important exam information directly to your UNE email address.
- Written Assessment (50%%)
- Final Examination (50%%)
Civil Procedure: Commentary and Materials
Colbran, S., Spender, P., Douglas, R., Jackson, S., Penovic, T. and O'Brien, M.
Hayes and Eburn Criminal Law and Procedure in New South Wales
Howie, S., Sattler, P. and Hood, M.