Course overview
This course is to build on the knowledge of criminal procedure gained in Criminal Law and Procedure and to engage in a detailed study of the law of sentencing and alternative approaches to dealing with offenders. The course examines in depth pre-trial and trial criminal procedures. The course will enable students to gain an understanding of how the fundamental right to a fair trial is applied in a contemporary context and how the triangulation of the roles of the accused, victim and society is reflected and recognised in practice. Content includes: 1. Fundamental right to a fair trial: common law and international human rights; 2. Police investigative powers; 3. Serious and organised crime; 4. The role of the prosecution and defence in criminal proceedings; 5. Prosecutorial discretion and the duty of disclosure; 6. The role of the victim in criminal proceedings; 7. Magistrates Court and summary procedure; 8. Higher Courts and trial on indictment; 9. Abuse of process; 10. Appeals and double jeopardy; 11. Law of sentencing; 12. Principles of sentencing and theoretical considerations; 13. Diversion courts; 14. Restorative and therapeutic justice: alternative approaches to dealing with offending.
Course learning outcomes
- Discuss the institutional process leading to the determination of guilt and the consequences thereof
- Express understanding of the criminal trial process by reviewing the major milestones in a criminal investigation and prosecution
- Examine the major principles of sentencing and sentencing options
- Define the broader contexts in which the criminal trial and sentencing operate
- Employ oral and written advocacy and communication skills in formal settings
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The Student Contribution amount displayed below is for students commencing a new program from 2021 onwards. If you are continuing in a program you commenced prior to 1 January 2021, or are commencing an Honours degree relating to an undergraduate degree you commenced prior to 1 January 2021, you may be charged a different Student Contribution amount from the amount displayed below. Please check the Student Contribution bands for continuing students here. If you are an international student, or a domestic student studying in a full fee paying place, and are continuing study that you commenced in 2025 or earlier, your fees will be available here before enrolments open for 2026.