Course Coordinator:Kelley Burton (kburton3@usc.edu.au) School:School of Law and Society
UniSC Sunshine CoastUniSC Moreton Bay |
Blended learning | Most of your course is on campus but you may be able to do some components of this course online. |
Please go to usc.edu.au for up to date information on the
teaching sessions and campuses where this course is usually offered.
This course introduces you to criminal procedure. You will consider the operations of the criminal justice system in some detail, acquiring knowledge of police powers of investigation, arrest and questioning, bail, criminal trials, sentencing, and appeals against conviction and sentence. While the course deals primarily with criminal law and procedure in Queensland, you will also consider criminal procedure under Commonwealth law as well as comparative materials from other jurisdictions.
Activity | Hours | Beginning Week | Frequency |
Blended learning | |||
Learning materials – Asynchronous online learning materials - 1.5 hours in weeks 1-13. | 1.5hrs | Week 1 | 13 times |
Tutorial/Workshop 1 – Synchronous on campus tutorial - 2 hours in weeks 1-13. | 2hrs | Week 1 | 13 times |
Arrest, questioning and detention
Police investigative powers and accountability
Compelling attendance at court and bail
Courts and diversion programs
Fair trial, legal representation, onus and burden of proof
Double punishment
Double Jeopardy
Sentencing
Sentencing and restorative justice
Domestic Violence
Victims compensation, confiscation of profits and appeals
[All topics contain mature content]
100 Level (Introductory)
12 units
Course Learning Outcomes On successful completion of this course, you should be able to... | Graduate Qualities Completing these tasks successfully will contribute to you becoming... | |
1 | Demonstrate knowledge of important rules of criminal procedure in Queensland. | Knowledgeable |
2 | Identify legal issues, apply legal reasoning and reach arguable conclusions in response to issues arising in criminal procedure. | Empowered |
3 | Demonstrate knowledge of the ethical issues that may confront a criminal lawyer and explain appropriate professional responses to those issues. | Ethical |
4 | Understand the various procedural steps followed in the hearing of a criminal matter by simulating the role of counsel in the moot court and observing a real life criminal case; and reflecting on these experiences. |
Empowered Engaged |
Refer to the UniSC Glossary of terms for definitions of “pre-requisites, co-requisites and anti-requisites”.
LAW103 and enrolled in any Law Program
LAW102
Not applicable
Knowledge and skills demonstrated by successful completion of LAW103
Standard Grading (GRD)
High Distinction (HD), Distinction (DN), Credit (CR), Pass (PS), Fail (FL). |
In your tutorial in weeks 2-6, you will engage in activities that ask you to self-assess and reflect on your learning; and provide peer feedback on tutorial answers.
Delivery mode | Task No. | Assessment Product | Individual or Group | Weighting % | What is the duration / length? | When should I submit? | Where should I submit it? |
All | 1 | Written Piece | Individual | 25% | 1000 words |
Week 4 | Online Assignment Submission with plagiarism check |
All | 2 | Journal | Individual | 25% | 1000 words |
Week 9 | Online Assignment Submission with plagiarism check |
All | 3 | Examination - Centrally Scheduled | Individual | 50% | 3 Hours |
Exam Period | Online Assignment Submission with plagiarism check |
All - Assessment Task 1:Legal advice on police interview | |
Goal: | The goal of this legal advice is to assess your understanding of police powers to detain and question a witness. You will be provided with a police interview transcript that mirrors a real life scenario and you will be assessed your legal problem solving skills. |
Product: | Written Piece |
Format: | This is an individual word processed legal advice to a partner of a law firm. Use size 12 Times New Roman font and 1.5 line spacing. Cite your authorities in accordance with the Australian Guide to Legal Citation (4th edition). |
Criteria: |
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All - Assessment Task 2:Reflective journal | |
Goal: | The goal of this reflective journal is to assess your ability to reflect on criminal procedure; the roles of counsel and a Judge/Magistrate in a real courtroom; and your ability to simulate counsel. |
Product: | Journal |
Format: | This is an individual word processed reflective journal. Use size 12 Times New Roman font and 1.5 line spacing. Cite your authorities in accordance with the Australian Guide to Legal Citation (4th edition). |
Criteria: |
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All - Assessment Task 3:Invigilated Final Examination | |
Goal: | The goal of this open book examination is to assess your understanding of criminal procedure. You will be provided with a factual problem that mirrors a real life scenario and you will be assessed your legal problem solving skills. |
Product: | Examination - Centrally Scheduled |
Format: | This assessment task is an online, open-book and invigilated exam. You will be required to attend a live Zoom session throughout the duration of the exam and need access to a working computer, a stable internet connection, and a webcam. You will be given 3 hours to complete the examination. All topics covered in this course are potentially examinable. |
Criteria: |
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A 12-unit course will have total of 150 learning hours which will include directed study hours (including online if required), self-directed learning and completion of assessable tasks. Student workload is calculated at 12.5 learning hours per one unit.
Please note: Course information, including specific information of recommended readings, learning activities, resources, weekly readings, etc. are available on the course Canvas site– Please log in as soon as possible.
Please note that you need to have regular access to the resource(s) listed below. Resources may be required or recommended.
Required? | Author | Year | Title | Edition | Publisher |
Required | K Burton; T Crofts; S Tarrant | 2020 | Principles of Criminal Law in Queensland and Western Australia, 3rd Edition | n/a | Thomson Reuters |
Required | K Burton; T Crofts; J Duffy; M Blake | 2023 | LexisNexis Questions and Answers: Criminal Law in Queensland and Western Australia, 3rd Edition | n/a | LexisNexis |
Not applicable
Academic integrity is the ethical standard of university participation. It ensures that students graduate as a result of proving they are competent in their discipline. This is integral in maintaining the value of academic qualifications. Each industry has expectations and standards of the skills and knowledge within that discipline and these are reflected in assessment.
Academic integrity means that you do not engage in any activity that is considered to be academic fraud; including plagiarism, collusion or outsourcing any part of any assessment item to any other person. You are expected to be honest and ethical by completing all work yourself and indicating in your work which ideas and information were developed by you and which were taken from others. You cannot provide your assessment work to others. You are also expected to provide evidence of wide and critical reading, usually by using appropriate academic references.
In order to minimise incidents of academic fraud, this course may require that some of its assessment tasks, when submitted to Canvas, are electronically checked through Turnitin. This software allows for text comparisons to be made between your submitted assessment item and all other work to which Turnitin has access.
Eligibility for Supplementary Assessment Your eligibility for supplementary assessment in a course is dependent of the following conditions applying: The final mark is in the percentage range 47% to 49.4% The course is graded using the Standard Grading scale You have not failed an assessment task in the course due to academic misconduct
Late submission of assessment tasks may be penalised at the following maximum rate: - 5% (of the assessment task's identified value) per day for the first two days from the date identified as the due date for the assessment task. - 10% (of the assessment task's identified value) for the third day - 20% (of the assessment task's identified value) for the fourth day and subsequent days up to and including seven days from the date identified as the due date for the assessment task. - A result of zero is awarded for an assessment task submitted after seven days from the date identified as the due date for the assessment task. Weekdays and weekends are included in the calculation of days late. To request an extension you must contact your course coordinator to negotiate an outcome.
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