LAW 6506 - Criminal Law Practice

North Terrace Campus - Semester 1 - 2016

This course is aimed at graduates who would like to develop the knowledge and skills required to act for the defence or prosecution in criminal law practice. There is a strong practical focus in this course; for example your advocacy skills will be developed through a simulated court activity. Topics include, but are not limited to: the role of the prosecution and defence, advise clients before arrest, seek bail, make pleas, participate in minor contested hearings and assist in preparing cases for trial (including identifying and gathering evidence needed to support a clients? case, the organisation of evidence, briefing witnesses and preparing a brief for counsel). The course is offered in partnership with South Australian practitioners, courts and agencies.

  • General Course Information
    Course Details
    Course Code LAW 6506
    Course Criminal Law Practice
    Coordinating Unit Adelaide Law School
    Term Semester 1
    Level Postgraduate Coursework
    Location/s North Terrace Campus
    Units 3
    Contact Intensive
    Available for Study Abroad and Exchange N
    Prerequisites LAW 6501
    Restrictions Available to GDLP students only. Not available for Study Abroad & Exchange.
    Course Description This course is aimed at graduates who would like to develop the knowledge and skills required to act for the defence or prosecution in criminal law practice. There is a strong practical focus in this course; for example your advocacy skills will be developed through a simulated court activity. Topics include, but are not limited to: the role of the prosecution and defence, advise clients before arrest, seek bail, make pleas, participate in minor contested hearings and assist in preparing cases for trial (including identifying and gathering evidence needed to support a clients? case, the organisation of evidence, briefing witnesses and preparing a brief for counsel).

    The course is offered in partnership with South Australian practitioners, courts and agencies.
    Course Staff

    Course Coordinator: Michelle Elliott

    As course staff work in the South Australian legal profession all communication should be directed to the GDLP Coordinator, Michelle Elliott in the first instance - michelle.elliott@lawsocietysa.asn.au

    The GDLP Coordinator will contact the appropriate course staff as necessary.

    Course Supervisor: Amelia Cairney
    Course Coordinator (UA Law School): Kellie Toole
    Course Timetable

    The full timetable of all activities for this course can be accessed from Course Planner.

    This course will be taught intensively. Full details of seminars and activities are made available on the MyUni course website prior to the course commencing.

    Note: In most cases assessment tasks are linked to seminars activities. Attendance at all seminars is highly advisable. Where assessment tasks are conducted in seminars non-attendance will, in most cases, require alterative assessment.
  • Learning Outcomes
    Course Learning Outcomes
    At the end of this course you will be able to: 

    1. Providing advice
    • identified the client’s legal rights and legal powers of the police or other prosecutors or investigators in relation to a criminal matter.
    • informed the client of those rights and powers in a way that a reasonable client could understand.
    • identified the legal elements of any offence with which the client is charged.
    • where possible, confirmed in writing any instructions given by the client in response to initial advice.
    • implemented the client's instructions, when it is appropriate in the circumstances to do so.

    2. Applying for bail
    • identified the client’s options and communicated them to the client in a way a reasonable client could understand.
    • helped the client to make an informed decision about which option to select.
    • made, or been involved in the process of making, or observed, an application for bail or taken other action effectively in the circumstances.
    • fully advised the client of any bail conditions.

    3. Making pleas
    • identified the client’s options and communicated them to the client in a way a reasonable client could understand.
    • identified and gathered all material useful to the plea, according to law and good practice.
    • presented, or been involved in the process of presenting, or observed the presentation of, the plea in an effective and persuasive manner, having regard to the circumstances of the case.
    • advised the client fully of the outcome in a way a reasonable client could understand.

    4. Representing a client in minor matters
    • completed all preparation required by law, good practice and the circumstances of the case.
    • represented, or been involved in representing the client, or observed the client being represented, effectively at a contested hearing.

    5. Assisting to prepare cases for trial
    • identified and gathered the evidence needed to support the client’s case.
    • identified and briefed, or been involved in briefing, appropriate experts (including counsel) having regard to good practice and the requirements of the case.
    University Graduate Attributes

    This course will provide students with an opportunity to develop the Graduate Attribute(s) specified below:

    University Graduate Attribute Course Learning Outcome(s)
  • Learning Resources
    Required Resources
    No textbooks are assigned for GDLP courses.

    Seminar resources and readings are available on MyUni ONLY. Students must bring electronic devices to seminars to access seminar materials.

    Due to an emphasis on current legal practice other materials may be added after the course outline has been posted. Students are required to check MyUni regularly (at least weekly) to keep up to date.
    Recommended Resources
    Most course resources are provided to students ONLINE via MyUni. Relevant law can be accessed online via:

    http://www.comlaw.gov.au/
    http://www.legislation.sa.gov.au/index.aspx
    http://www.austlii.edu.au/

    Due to the emphasis on current legal practice, other materials may be added after the course outline has been posted. Students are required to check MyUni regularly (at least weekly) to keep up to date.
    Online Learning
    The course is supported by the MyUni course website. The website contains the following resources:

    1. Course information – including seminar schedule and assessment outline.
    2. Course materials – such as lecture presentations, seminar materials, readings and resources.
    3. Assessment – items of assessment and online submission.
    4. Grade centre – where students’ results for assessments are entered.

    MyUni will also be used to post announcements. Students are expected to check MyUni regularly (at least weekly) to keep up to date.

    Students should regularly check their University of Adelaide email.
  • Learning & Teaching Activities
    Learning & Teaching Modes
    The course will be taught intensively. Online lectures are supported by activities such as face to face interactive problem-solving seminars and practical exercises.

    Students MUST come prepared for seminars, namely having listened to online lectures, undertaken prior reading and developed draft responses to the seminar questions. If students have not prepared and / or arrive more than 10 minutes late they may be asked to leave the seminar group.

    A reminder that students MUST bring along electronic devices to the seminar so they can access the seminar materials electronically.

    Attendance at seminars is necessary to ensure that students are part of the interactive and reflective learning environment (which enhances learning outcomes) and provides students with the ability to develop their skills of oral presentation, teamwork and persuasion (valuable to the professional environment). Students are expected to behave in an ethical and professional manner as would be expected in the workplace environment (compliant with the professional conduct rules and standards).

    Students, who due to disability, compelling medical or compassionate reasons, or in exceptional circumstance, are unable to attend seminars, may complete alterative work in lieu of attendance. The precise nature of this make-up work will depend on the seminar missed and will be negotiated with the GDLP Coordinator. Students MUST inform the GDLP Coordinator at the earliest opportunity of their absence and where they require this make-up work option.
    Workload

    The information below is provided as a guide to assist students in engaging appropriately with the course requirements.

    The information below is provided as a guide to assist students in engaging appropriately with the course requirements.

    In addition to attending seminars it is anticipated that students will do substantial independent work to prepare for seminars and to complete the course assessments. Students are expected to spend about 8 hours per week in private study which includes reading the materials, listening to lecture presentations, conducting research and preparing for seminars. In addition students will need to dedicate time for the completion of assessments.
    Learning Activities Summary
    A detailed seminar schedule will be posted to MyUni prior to the course commencing.
    Specific Course Requirements
    he course is based on the rules of the Legal Practitioners Education and Admission Council (LPEAC) 2004 and Law Admissions Consultative Committee 2015 which specifies the expected competency standards for entry level lawyers at the point of admission. In order to pass this course you are expected to demonstrate competence in these standards.

    The national competency standards include underpinning knowledge and skills in:
    • Ethics and professional responsibility
    • Lawyers skills
    • Problem solving
    • Work management and business skills

    For further information see: http://www1.lawcouncil.asn.au/LACC/images/pdfs/LACCCompetencyStandardsforEntryLevelLawyers-Jan2015.pdf
  • Assessment

    The University's policy on Assessment for Coursework Programs is based on the following four principles:

    1. Assessment must encourage and reinforce learning.
    2. Assessment must enable robust and fair judgements about student performance.
    3. Assessment practices must be fair and equitable to students and give them the opportunity to demonstrate what they have learned.
    4. Assessment must maintain academic standards.

    Assessment Summary

    Assessments will be made available to students, prior to the nominated deadline.

    Note: Competence must be demonstrated in all assessment tasks and activities.

    Assessment item Due date* Learning Objectives
    Bail Application Second week from course commencement 1, 2 and 4
    Guilty Plea Second week from course commencement 1, 2 and 3
    Workbook  Third week from course commencement 1 - 5
    Participation N/A 1 - 5


    * Assessment deadlines will be posted on MyUni prior to the course commencing.

    Assessment Related Requirements
    Detailed information regarding assessment tasks will be provided on MyUni .

    In this course, students will also be assessed on the following:

    • Attendance
    • Punctuality
    • Workload management and ability to adhere to deadlines
    • Display active engagement in practical activities
    • Demonstrate respectful behaviour towards others
    • Maintaining a high level of confidentiality at all times
    • Satisfactory completion of prescribed exercises
    • Underpinning national competency standards (as noted in ‘Specific course requirements’)

    Unless otherwise stated, there will be no prescribed word limit for assessments. This is because the purpose of the GDLP programme is to facilitate your transition from undergraduate academic law studies to the legal professional employment environment through the demonstration and practice of professionally-based skills and competencies. In a legal practice it is highly unlikely you will be set a certain number of words or pages for the tasks you are asked to complete.

    However, in the majority of assessments guidelines will be provided.

    The quality of English expression is considered to be an integral part of the assessment process.
    Assessment competence will take into consideration: expressions, structure, correct grammar, typography, etc.

    Note: In most cases assessment tasks are linked to seminars activities. Attendance at all seminars is highly advisable. Where assessment tasks are conducted in seminars non-attendance will, in most cases, require alterative assessment.

    Assessments will be returned to students within 3 weeks from the due date, unless otherwise notified by the GDLP Program Coordinator through a Course Announcement.
    Assessment Detail



    Submission
    Students must retain a copy of all assessments submitted.

    Students are to submit assessments online via Turnitin.

    Please note: where forms or documents have been outlined in assessment activities for completion these should be downloaded from original sources and completed in an electronic format, if not supplied.

    Students will be marked in accordance with the marking rubric.

    Resubmission

    Students are required to demonstrate competency in all elements of the national competency standards and failure to do so will result in the relevant assessment being marked as non-competent. If the assessment is deemed non-competent students may be offered the opportunity to revise and resubmit the assessment. Students granted a resubmission will have up to 7 days from the time they are informed by email from the LSSA GDLP Office to resubmit the assessment. In most cases only the parts of the assessment that do not attain competence will be required to be resubmitted. Only ONE opportunity is provided for resubmission.

    Note: Attendance and participation in seminars, and/or the completion of online activities will be considered as determining factors in the offer of a resubmission.

    Assessments that do not attain competence on resubmission (fail), per University policy, are double-marked before the results are released back to the student. The first and second markers discuss what the final result will be.

    Extensions

    Students MUST apply for an extension prior to the deadline to the LSSA GDLP Team.

    Extensions on medical and compassionate grounds will be in accordance with University policy.

    Late Submission

    NOTE: in this course, students are assessed against the national competency standards and professional workplace standards; namely

    • Ethical and professional responsibility
    • Lawyers skills
    • Problem solving
    • Work management and business skills
    • Punctuality
    • Workload management and ability to adhere to deadlines
    Course Grading

    Grades for your performance in this course will be awarded in accordance with the following scheme:

    GS8 (Coursework Grade Scheme)
    Grade Description
    CN Continuing
    FNS Fail No Submission
    NFE No Formal Examination
    F Fail
    NGP Non Graded Pass
    P Pass
    C Credit
    D Distinction
    HD High Distinction
    RP Result Pending

    Further details of the grades/results can be obtained from Examinations.

    Grade Descriptors are available which provide a general guide to the standard of work that is expected at each grade level. More information at Assessment for Coursework Programs.

    Grades for your performance in this course will be awarded in accordance with the following scheme: 
     
     
    Grade Grade reflects following criteria for allocation of grade: Reported on Official Transcript
    Fail No Submission No work submitted for assessment FNS
    Fail Competency not demonstrated F
    Non-Graded Pass Competency demonstrated NGP
    Result Pending An interim result RP
    Continuing Continuing CN
    No Formal Examination No formal examination NFE

    Grade Descriptors are available which provide a general guide to the standard of work that is expected at each grade level. More information at Assessment for Coursework Programs.

    Final results for this course will be made available through Access Adelaide.

  • Student Feedback

    The University places a high priority on approaches to learning and teaching that enhance the student experience. Feedback is sought from students in a variety of ways including on-going engagement with staff, the use of online discussion boards and the use of Student Experience of Learning and Teaching (SELT) surveys as well as GOS surveys and Program reviews.

    SELTs are an important source of information to inform individual teaching practice, decisions about teaching duties, and course and program curriculum design. They enable the University to assess how effectively its learning environments and teaching practices facilitate student engagement and learning outcomes. Under the current SELT Policy (http://www.adelaide.edu.au/policies/101/) course SELTs are mandated and must be conducted at the conclusion of each term/semester/trimester for every course offering. Feedback on issues raised through course SELT surveys is made available to enrolled students through various resources (e.g. MyUni). In addition aggregated course SELT data is available.

  • Student Support
    The University Writing Centre provides academic learning and language development services and resources for local, international, undergraduate and postgraduate coursework students enrolled at the University of Adelaide.

    Practical advice and strategies for students to master reading, writing, note-taking, time management, oral presentation skills, referencing techniques and exam preparation for success at university through seminars, workshops and individual consultations.

    For more information please check out the Writing Centre website at http://www.adelaide.edu.au/writingcentre/  

    Lex Salus Program

    Lex Salus was founded in 2013 by Adelaide Law School Wellbeing officers Ms Corinne Walding, Ms Kellie Toole and Dr Mark Giancaspro and . Lex Salus is an initiative of the Adelaide Law School aimed at raising law student awareness of the importance of mental, physical and nutritional health across all year levels of the degree, and of the various counselling, disability and equity services both within and outside the University that can provide help. Research shows that law students, both in Australia and in many jurisdictions around the world, experience the highest levels of stress, anxiety and depression out of any other discipline. Many do not get enough sleep, maintain a healthy diet or achieve a realistic work/life balance. Making matters worse, they are unwilling or afraid to speak up for fear of feeling 'weak' or because of the negative stigma that attaches to seeking help. Lex Salus is dedicated to tackling these problems head-on.

    Counselling Service

    The University Counselling Service provides a free and confidential service to all enrolled students. We encourage you to contact the Counselling service on 8313 5663 to make an appointment to deal with any issues that may be affecting your study and life. More information is available at https://www.adelaide.edu.au/counselling_centre/
  • Policies & Guidelines

    This section contains links to relevant assessment-related policies and guidelines - all university policies.

    Plagiarism and other forms of cheating

    Plagiarism is a serious act of academic misconduct. All students must be familiar with the Adelaide Law School Enrolment Guide, and should note in particular the sections relating to plagiarism, grievance procedures and academic conduct within the Law School and the University.

    Plagiarism is a serious matter and is treated as such by the Law School and the University. Please be aware that “academic dishonesty” (which goes beyond plagiarism) can be a ground for a refusal by the Supreme Court of South Australia to admit a person to practice as a legal practitioner in South Australia.

    Academic honesty is an essential aspect of ethical and honest behaviour, which is central to the practice of the law and an understanding of what it is to be a lawyer.
  • Fraud Awareness

    Students are reminded that in order to maintain the academic integrity of all programs and courses, the university has a zero-tolerance approach to students offering money or significant value goods or services to any staff member who is involved in their teaching or assessment. Students offering lecturers or tutors or professional staff anything more than a small token of appreciation is totally unacceptable, in any circumstances. Staff members are obliged to report all such incidents to their supervisor/manager, who will refer them for action under the university's student’s disciplinary procedures.

The University of Adelaide is committed to regular reviews of the courses and programs it offers to students. The University of Adelaide therefore reserves the right to discontinue or vary programs and courses without notice. Please read the important information contained in the disclaimer.