Advanced Criminal Law

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.