Criminal Law and Procedure B is a compulsory subject in the Bachelor of Laws program offered by the Faculty of Law. Students enrolled in this subject will examine the aims of the criminal law along with criminal procedure (including topics such as the classification of offences, process to compel appearance and other investigative processes, bail, preliminary examination, and trial of indictable offences) and sentencing. Upon completion of the subject, students will be able to demonstrate their understanding of criminal law and procedure, and their ability to engage in legal reasoning by discussing and solving complex legal problems orally and in writing.
|Academic unit:||Faculty of Law|
|Subject title:||Criminal Law and Procedure B|
Delivery & attendance
|Attendance and learning activities:||Attendance in seminars is mandatory and contribute toward the grade in this subject.|
|Prescribed resources:|| |
|[email protected] & Email:||[email protected] is the online learning environment at Bond University and is used to provide access to subject materials, lecture recordings and detailed subject information regarding the subject curriculum, assessment and timing. Both iLearn and the Student Email facility are used to provide important subject notifications. Additionally, official correspondence from the University will be forwarded to students’ Bond email account and must be monitored by the student.|
To access these services, log on to the Student Portal from the Bond University website as www.bond.edu.au
There are no co-requisites.
This subject is not available as a general elective. To be eligible for enrolment, the subject must be specified in the students’ program structure.
Assurance of learning
Assurance of Learning means that universities take responsibility for creating, monitoring and updating curriculum, teaching and assessment so that students graduate with the knowledge, skills and attributes they need for employability and/or further study.
At Bond University, we carefully develop subject and program outcomes to ensure that student learning in each subject contributes to the whole student experience. Students are encouraged to carefully read and consider subject and program outcomes as combined elements.
Program Learning Outcomes (PLOs)
Program Learning Outcomes provide a broad and measurable set of standards that incorporate a range of knowledge and skills that will be achieved on completion of the program. If you are undertaking this subject as part of a degree program, you should refer to the relevant degree program outcomes and graduate attributes as they relate to this subject.
Subject Learning Outcomes (SLOs)
On successful completion of this subject the learner will be able to:
- Apply the laws of criminal investigation (Police Powers and Responsibilities), criminal procedure and sentencing to factual scenarios in the context of Queensland Criminal Law.
- Recognise the tensions between fairness to the accused and the interests of the community in convicting and punishing the guilty, as they apply to the laws of criminal investigation, criminal procedure and sentencing.
- Analyse the use of principle and policy in judicial reasoning of hard cases, in the context of Criminal Law.
|*Class Participation||Tutorial Participation||20%||Ongoing||1, 2, 3.|
|Paper-based Examination (Open)||Final Examination||40%||Final Examination Period||1, 2.|
|Paper-based Examination (Open)||Mid-Semester Exam||40%||Week 7 (Mid-Semester Examination Period)||2, 3.|
- * Assessment timing is indicative of the week that the assessment is due or begins (where conducted over multiple weeks), and is based on the standard University academic calendar
- C = Students must reach a level of competency to successfully complete this assessment.
|High Distinction||85-100||Outstanding or exemplary performance in the following areas: interpretative ability; intellectual initiative in response to questions; mastery of the skills required by the subject, general levels of knowledge and analytic ability or clear thinking.|
|Distinction||75-84||Usually awarded to students whose performance goes well beyond the minimum requirements set for tasks required in assessment, and who perform well in most of the above areas.|
|Credit||65-74||Usually awarded to students whose performance is considered to go beyond the minimum requirements for work set for assessment. Assessable work is typically characterised by a strong performance in some of the capacities listed above.|
|Pass||50-64||Usually awarded to students whose performance meets the requirements set for work provided for assessment.|
|Fail||0-49||Usually awarded to students whose performance is not considered to meet the minimum requirements set for particular tasks. The fail grade may be a result of insufficient preparation, of inattention to assignment guidelines or lack of academic ability. A frequent cause of failure is lack of attention to subject or assignment guidelines.|
For the purposes of quality assurance, Bond University conducts an evaluation process to measure and document student assessment as evidence of the extent to which program and subject learning outcomes are achieved. Some examples of student work will be retained for potential research and quality auditing purposes only. Any student work used will be treated confidentially and no student grades will be affected.
Students must check the [email protected] subject site for detailed assessment information and submission procedures.
Policy on late submission and extensions
A late penalty will be applied to all overdue assessment tasks unless an extension is granted by the subject coordinator. The standard penalty will be 10% of marks awarded to that assessment per day late with no assessment to be accepted seven days after the due date. Where a student is granted an extension, the penalty of 10% per day late starts from the new due date.
Policy on plagiarism
University’s Academic Integrity Policy defines plagiarism as the act of misrepresenting as one’s own original work: another’s ideas, interpretations, words, or creative works; and/or one’s own previous ideas, interpretations, words, or creative work without acknowledging that it was used previously (i.e., self-plagiarism). The University considers the act of plagiarising to be a breach of the Student Conduct Code and, therefore, subject to the Discipline Regulations which provide for a range of penalties including the reduction of marks or grades, fines and suspension from the University.
Feedback on assessment
Feedback on assessment will be provided to students within two weeks of the assessment submission due date, as per the Assessment Policy.
Accessibility and Inclusion Support
If you have a disability, illness, injury or health condition that impacts your capacity to complete studies, exams or assessment tasks, it is important you let us know your special requirements, early in the semester. Students will need to make an application for support and submit it with recent, comprehensive documentation at an appointment with a Disability Officer. Students with a disability are encouraged to contact the Disability Office at the earliest possible time, to meet staff and learn about the services available to meet your specific needs. Please note that late notification or failure to disclose your disability can be to your disadvantage as the University cannot guarantee support under such circumstances.
Additional subject information
Assessment changes approved 23/01/2019.
Firstly, the administrative requirements for this subject will be explained. This topic will introduce students to the distinction between indictable and non-indictable offences and also expose students to the obligations upon police in asking for identification, searching persons and places (with and without a warrant) and seizing evidence.
Through this topic, students will be introduced to the powers that police have in arresting suspects. Questions discussed will include - when can police arrest a person? How long can a person be detained without charge? What other powers result from arrest?
This week will continue with pre-trial applications and move on to a discussion of trial processes.
This week we will discuss verdicts and their alternatives as well as double jeopardy.
This week we will discuss the appeals process and the types of grounds that can be raised on appeal.
This week students will be introduced to the world of sentencing. Common law sentencing principles and the purposes outlined in statute will be canvassed - including proportionality, rehabilitation and deterrence. It will discuss specific issues including guilty pleas, cooperation and totality.1, 2.