Topics

The details for the course, Criminal Practice (LEGW8106), apply to all of the following topics. Specific descriptions for Syllabus and Proposed Assessment that apply to each topic are detailed below.

Australian Capital territory

Syllabus

PLEASE NOTE:  information regarding workload, preliminary reading and prescribed texts is also included in this section.

This four day intensive, onsite course is offered in Canberra for those with the intention to practise in criminal law, as defence advocates or prosecutors.

 This course has a strong 'practical' element requiring court visits before and after the intensive days, written 'reflective' critique on those visits, and 'advocacy' presentation.

An overview of the course can be viewed  at 

 http://law.anu.edu.au/legalworkshop/Crim_Intensive.aspx

Further course details can be viewed at  

http://law.anu.edu.au/legalworkshop/Documents/CrimPracChapter1.pdf

To achieve this coverage the course brings in a number of speakers who all practise in the area about which they talk.

Workload:  About six hours pre course on reading materials and attending court, four week days on site, then about five hours to attend court and write report within three weeks of the on site.

Preliminary Reading:  Please refer to

http://law.anu.edu.au/legalworkshop/Documents/CrimPracChapter1.pdf

Prescribed Texts:  Hugh Selby,  Advocacy: Preparation and Performance, which can be obtained from Co-op, or by going to

http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862877443 .

Indicative Assessment

Indicative Assessment:  Pass/fail on a simple advocacy exercise;  graded closed book multiple choice test on the final afternoon of the intensive, pass/fail on a post intensive report of a court hearing watching experience.

Northern Territory

Syllabus

PLEASE NOTE:  Details regarding workloads, prescribed texts and preliminary reading are listed at the end of this section.

This 5 day intensive (Monday to Friday) course is offered once each year in Darwin. The course is designed for graduates preparing for legal practice who wish to build their knowledge and skills in criminal law practice for the defence and for the prosecution. The course addresses the APLEC Competencies for Criminal Law Practice while being jurisdictionally, procedurally and contextually specific to the Northern Territory. 

Themes include:

• The context of criminal law practice
• The roles and professional responsibilities of criminal defence lawyers and prosecutors
• Roles of key criminal justice agencies and facilities in the NT
• Police powers and practices particularly: investigation, arrest, charging, bail, police witnesses
• Magistrates Court criminal lists: routines; procedures; court etiquette
• Bail applications, plea in mitigation, sentencing options
• Preparing a case for defended hearing – the defence and the prosecution
• Questioning in chief, cross examination, tender of exhibits, objecting
• Acting in matters where the accused is a young person; substance dependant; has a mental health problem
• Aboriginal justice issues including: Anunga rules; Royal Commission into Deaths in Custody; Aboriginal Interpreter Service; NT Intervention; diversion and sentencing
• Particular charges: traffic offences; drink driving; drug offences; charges arising from domestic violence or breach of a domestic violence restraining order
• Victims crime: giving evidence, court support, Crime Victim’s Compensation
• Complaints about police, corrections and other agencies
• Current issues in criminal law, links between practice, policy and reform.

The course has been offered each year since 2004 in partnership with the courts, local practitioners and agencies in Darwin. The course includes:

• demonstration and practice sessions led by local practitioners and workers in relevant local agencies
• simulated advising, case preparation and practice appearances by students.

Workshops are held at locations in the Darwin City area e.g. Magistrates Court, Supreme Court, NT DPP, Commonwealth DPP, NT Legal Aid, North Australian Justice Agency, counsels chambers, Mitchell Street Police Station.  The involvement of the NT Aboriginal Interpreter Service has been one of the highlights of the course. This includes the opportunity for students to practice working with Aboriginal interpreters.

Workload:  About four hours pre course on reading materials, five days face to face intensive, then about five hours to attend court and write report within five weeks of the intensive.

Prescribed Texts:  There are no prescribed texts. Course materials will be available before the course begins for download via the Wattle area for the course.

Preliminary Reading:  Students should skim the course materials before the intensive to familiarise themselves in a general way with the content.

 

 

Indicative Assessment

There are 4 assessable elements:

• Quality of participation in class discussion and exercises
• Exercise/s which involve taking instructions, giving advice and appearing (e.g. an application for bail / plea)
• Exercise which involves performance of examination ‘in chief’ and ‘cross-examination
• A reflective description of a summary criminal hearing which you observe after completing the intensive. The observation can be undertaken in the location / jurisdiction; it does not have to be undertaken in Darwin or in the NT.

Western Australia

There are no syllabus or indicative asesssment details for this topic.

The information published on the Study at ANU 2011 website applies to the 2011 academic year only. All information provided on this website replaces the information contained in the Study at ANU 2010 website.