EVIDENCE AND CRIMINAL PROCEDURE

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Overview

This subject deals with the rules of evidence in civil and criminal cases, and with the rules of criminal procedure. These rules have evolved to enable court cases to be conducted in a manner that is deemed to be fair to all parties and, increasingly, to promote the interests of the state in ensuring the efficient disposal of cases by the courts. The law of civil procedure is dealt with in a separate subject. Evidence and Criminal Procedure is a compulsory unit for the LLB. This subject, in conjunction with Criminal Law, meets the requirements of the Council of Legal Education for admission to practice in Victoria in the area of Criminal Law and Procedure. It also meets the requirements in the area of Evidence.

Portfolio

Arts, Social Sciences & Commerce (Pre 2022)

School

Subject coordinator

Pascale Chifflet

Subject type

Postgraduate

Year level

Year Level 5 - Masters

AQF level

Level 9 - Masters Degree

Available as elective

Available to study abroad / exchange students

Yes

Capstone subject
Capstones provide students with a way of integrating and applying knowledge and skills gained throughout their course.

Academic progress review - Schedule A subject

Subject instances

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Learning resources

Prescribed - Book - Criminal Investigaton and Procedure in Victoria

Prescribed - Book - Evidence and Criminal procedure Unit Materials

Prescribed - Book - Evidence Act 2008 (Vic)

Career ready

Work based learning (placement):No

Graduate capabilities

DISCIPLINE KNOWLEDGE AND SKILLS

Subject intended learning outcomes

On successful completion you will be able to:

Identify, analyse and provide sophisticated legal advice in relation to complex legal issues arising from relevant factual scenarios, by applying a conceptual framework that recognises both the legal rights of citizens in relation to State action and the rights of investigators

Generate sustained, persuasive, critically evaluative arguments in relation to a policy issue related to criminal investigation.

Facilitate inclusive practices in team decision making and make strategic contributions in a joint collaboration.

Develop advanced proficiently various generic skills, such as legal drafting and oral advocacy, in a legal environment.

Present engaging and persuasive oral arguments using language and etiquette appropriate to their audience in a simulated hearing in a mock criminal court (a 'Moot').

Learning activities

Preparation for Moot assessment. Lecture and seminar modelling and discussion. In class discussion and debate of cases.

Handbook