Criminal Procedure and Sentencing

Course aim

This course is to build on the knowledge of criminal procedure gained in Criminal Law and Procedure and to engage in a detailed study of the law of sentencing and alternative approaches to dealing with offenders. The course examines in depth pre-trial and trial criminal procedures. The course will enable students to gain an understanding of how the fundamental right to a fair trial is applied in a contemporary context and how the triangulation of the roles of the accused, victim and society is reflected and recognised in practice.

Course content

1. Fundamental right to a fair trial: common law and international human rights
2. Police investigative powers
3. Serious and organised crime
4. The role of the prosecution and defence in criminal proceedings
5. Prosecutorial discretion and the duty of disclosure
6. The role of the victim in criminal proceedings
7. Magistrates Court and summary procedure
8. Higher Courts and trial on indictment
9. Abuse of process
10. Appeals and double jeopardy
11. Law of sentencing
12. Principles of sentencing and theoretical considerations
13. Diversion courts
14. Restorative and therapeutic justice: alternative approaches to dealing with offending

Textbook(s)

Nil

Prerequisite(s)

Common to all relevant programs
Subject Area & Catalogue Number	Course Name
LAWS 2030	Criminal Law and Procedure

Corequisite(s)

Nil

Teaching method

Component	Duration
INTERNAL, CITY WEST
Lecture	2 hours x 10 weeks
Tutorial	2 hours x 10 weeks

Note: These components may or may not be scheduled in every study period. Please refer to the timetable for further details.

Assessment

Legal Research Exercise, Sentencing Advocacy Exercise

Fees

EFTSL*: 0.125
Commonwealth Supported program (Band 3)
To determine the fee for this course as part of a Commonwealth Supported program, go to:
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Fee-paying program for domestic and international students
International students and students undertaking this course as part of a postgraduate fee paying program must refer to the relevant program home page to determine the cost for undertaking this course.

Non-award enrolment
Non-award tuition fees are set by the university. To determine the cost of this course, go to:
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Not all courses are available on all of the above bases, and students must check to ensure that they are permitted to enrol in a particular course.

* Equivalent Full Time Study Load. Please note: all EFTSL values are published and calculated at ten decimal places. Values are displayed to three decimal places for ease of interpretation.