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Exchange Information for Law Students
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LAWS3364 Criminal Procedure: The Trial Process
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The availability of units in Semester 1, 2, etc. was correct at the time of going to press but may be subject to change.
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| Credit: 6 points Availability: Semester 1 Old unit code: 200.364
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| Outcomes: Students are able to (1) identify the key pieces of legislation relating to the procedure of criminal law; (2) apply key sections of the legislation to factual situations and explain their consequences; (3) apply key case law with legislation to factual situations and explain their consequences; (4) interpret key sections of that legislation, both discussed and not discussed in class; (5) integrate principle and policy arguments in relation to fundamental procedural considerations with current and proposed procedural rules; (6) draft in plain English key procedural documents and forms; (7) justify their position as a lawyer in the criminal justice system; and (8) stand at the correct end of the bar table in their first court appearance. |
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| Content: This unit covers selected aspects of the criminal process including the nature of adversarial proceedings; arrest, search and seizure; bail applications and associated issues; selected pre-charging and pre-trial issues (including jurisdictional issues, certain special pleas, disclosure obligations and pre-trial appearances/applications); simple offences and summary hearings; indictable offences triable summarily; indictable offences tried only upon indictment; indictable trials (including jury selection, role of counsel and trial judge, role of the DPP); sentencing options and principles (including non-custodial sentences and dealing with serious repeat offenders); and appeals against conviction and/or sentence. |
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Assessment: Students are required to complete an examination and an assignment.
Supplementary assessment is not available in this unit except in the case of a bachelor's pass degree student who has obtained a mark of 45 to 49 and is currently enrolled in this unit, and it is the only remaining unit that the student must pass in order to complete their course. |
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| Unit Co-ordinator(s): Genevieve Cleary |
| Location: UWA (Crawley) |
| Mode: on-campus |
Unit Rules: |
| Prerequisites: LAWS1130 Legal Process |
| Advisable prior study: LAWS3310 Evidence |
Contact hours—seminars: 3 hrs per week, some of which may be conducted on an intensive basis
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Unit Web Page: http://www.uwa.edu.au/page/103451 |
| Note: Some unit web pages are still under construction and will be available in 2009. |
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Texts
There is no text prescribed for this unit. A reading schedule is available from the unit web page and will be available in the first class. Students must have the following:
Criminal Code of WA (latest edition and any relevant amendments)
Criminal Investigation Act 2006
Criminal Procedure Act 2004 (WA) and the Regulations 2005
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Assistance with study skills, including English language skills,
is available free of charge from Student Services for all enrolled students
(see http://www.studysmarter.uwa.edu.au/).
Student Services location: Second Floor, South Wing, Guild Village; telephone: 6488 2423. |
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Books and other material wherever listed may be subject to change.
Book lists relating to 'Preliminary Reading', 'Recommended Reading' and 'Textbooks' are, in most cases, available at the University Co-operative Bookshop (from early January) and appropriate administrative offices for students to consult. For first-year units the Bookshop will endeavour to make available photocopies of book lists for individual units. Books marked with an asterisk (*) are available in paperback.
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Unit Resources
Unit Coordinator
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