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Unit outline_

LAWS1014: Civil and Criminal Procedure

Semester 1, 2020 [Normal day] - Camperdown/Darlington, Sydney

This unit of study aims to introduce students to civil and criminal procedure. It is concerned with the procedures relating to civil dispute resolution and criminal justice which are separate to the substantive hearing. The unit will consider the features of an adversarial system of justice and its impact on process. Recent reforms to the adversarial system of litigation will be explored. The civil dispute resolution part of the unit will cover alternative dispute resolution, the procedures for commencing a civil action, case management, gathering evidence and the rules of privilege. Criminal process will be explored by reference to police powers, bail and sentencing. The course focuses on practical examples with consideration of the applicable legislation, ethics, and contextual and theoretical perspectives.

Unit details and rules

Academic unit Law
Credit points 6
Prerequisites
? 
LAWS1006 and LAWS1012
Corequisites
? 
None
Prohibitions
? 
LAWS5003 or LAWS2006
Assumed knowledge
? 

None

Available to study abroad and exchange students

Yes

Teaching staff

Coordinator Tyrone Kirchengast, tyrone.kirchengast@sydney.edu.au
Tutor(s) Louise Boon-Kuo, louise.boon-kuo@sydney.edu.au
Carolyn McKay, carolyn.mckay@sydney.edu.au
Tyrone Kirchengast, tyrone.kirchengast@sydney.edu.au
Tanya Mitchell, tanya.mitchell@sydney.edu.au
Type Description Weight Due Length
Final exam hurdle task Final take-home exam
Written take-home exam
60% Formal exam period 2.5+ hours
Outcomes assessed: LO2 LO10 LO9 LO8 LO7 LO6 LO5 LO4 LO3
Assignment hurdle task Court comparison assignment
Assignment
20% Mid-semester break
Due date: 15 Apr 2020 at 15:00
1200 words
Outcomes assessed: LO1 LO2 LO3 LO4 LO5 LO6 LO7 LO8
Participation hurdle task Tutorial participation
Participation
20% Ongoing n/a
Outcomes assessed: LO1 LO10 LO9 LO8 LO7 LO6 LO5 LO4 LO3 LO2
hurdle task = hurdle task ?

Assessment summary

Tutorial participation: You must demonstrate by your responses in class that you have done the readings.

Court comparison  assignment: This assignment requires you to compare prescribed cases on criminal procedural matters across NSW courts. You must prepare a written response to the question provided in relation to the cases prescribed.

Final exam: This 3 hour take-home open book examination tests your understanding of the whole unit, and covers the two parts of the unit (civil and criminal procedure) equally.

A student must make a satisfactory attempt at all assessment tasks set out for this unit of study in order to obtain a Pass mark and grade (or above); otherwise an Absent Fail grade will be recorded as the student’s result for this unit of study.

Detailed information for each assessment can be found on Canvas.

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2014 (Schedule 1).

As a general guide, a high distinction indicates work of an exceptional standard, a distinction a very high standard, a credit a good standard, and a pass an acceptable standard.

Result name

Mark range

Description

High distinction

85 - 100

  • Completely answers the question.
  • Contains striking originality of approach or analysis.
  • Demonstrates exhaustive or innovative research (where independent research required).
  • Exceptionally well written, structured and expressed.
  • Is otherwise exceptional in some way.

Distinction

75 - 84

  • Completely answers the question.
  • Achieves a critical and evaluative approach to the issues.
  • Content and structure is well organised in support of the argument.
  • Demonstrates extensive research and analysis to support a well-documented argument.
  • Generally well expressed and free from errors.
  • Has a clear structure and is well articulated.

Credit

65 - 74

  • Covers main issues fairly well in answering the question.
  • Contains no significant errors
  • Demonstrates an attempted critical approach to the issues.
  • Demonstrates reasonably sound research and analysis in addressing the key issues.
  • Has a clear structure and reasonably clear expression.

Pass

50 - 64

  • Identifies the key issues, but does not follow through with a reasoned argument.
  • Contains some significant errors.
  • Displays satisfactory engagement with the key issues.
  • Offers descriptive summary of material relevant to the question.
  • Superficial use of material, and may display a tendency to paraphrase.
  • Demonstrates little evidence of in-depth research or analysis.
  • Adequate expression.
  • Overall, demonstrates the minimum level of competence in the assessment and satisfies the requirements to proceed to higher-level studies in the degree or subject area.

Fail

0 - 49

  • Does not answer the question.
  • Contains significant or numerous errors.
  • Few or no identifiable arguments.
  • Content that is inappropriate or irrelevant.
  • Lack of research or analysis.
  • Difficult or impossible to understand through poor grammar, expression or structure.
  • Overall, does not demonstrate the minimum level of competence in the assessment.

For more information see guide to grades.

Late submission

In accordance with University policy, these penalties apply when written work is submitted after 11:59pm on the due date:

  • Deduction of 5% of the maximum mark for each calendar day after the due date.
  • After ten calendar days late, a mark of zero will be awarded.

This unit has an exception to the standard University policy or supplementary information has been provided by the unit coordinator. This information is displayed below:

The late submission of a piece of assessment, which has not been granted an extension, will attract a penalty of 10% of the total marks available for the piece of assessment per calendar day or part thereof.

Academic integrity

The Current Student website provides information on academic integrity and the resources available to all students. The University expects students and staff to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.

We use similarity detection software to detect potential instances of plagiarism or other forms of academic integrity breach. If such matches indicate evidence of plagiarism or other forms of academic integrity breaches, your teacher is required to report your work for further investigation.

Use of generative artificial intelligence (AI) and automated writing tools

You may only use generative AI and automated writing tools in assessment tasks if you are permitted to by your unit coordinator. If you do use these tools, you must acknowledge this in your work, either in a footnote or an acknowledgement section. The assessment instructions or unit outline will give guidance of the types of tools that are permitted and how the tools should be used.

Your final submitted work must be your own, original work. You must acknowledge any use of generative AI tools that have been used in the assessment, and any material that forms part of your submission must be appropriately referenced. For guidance on how to acknowledge the use of AI, please refer to the AI in Education Canvas site.

The unapproved use of these tools or unacknowledged use will be considered a breach of the Academic Integrity Policy and penalties may apply.

Studiosity is permitted unless otherwise indicated by the unit coordinator. The use of this service must be acknowledged in your submission as detailed on the Learning Hub’s Canvas page.

Outside assessment tasks, generative AI tools may be used to support your learning. The AI in Education Canvas site contains a number of productive ways that students are using AI to improve their learning.

Simple extensions

If you encounter a problem submitting your work on time, you may be able to apply for an extension of five calendar days through a simple extension.  The application process will be different depending on the type of assessment and extensions cannot be granted for some assessment types like exams.

Special consideration

If exceptional circumstances mean you can’t complete an assessment, you need consideration for a longer period of time, or if you have essential commitments which impact your performance in an assessment, you may be eligible for special consideration or special arrangements.

Special consideration applications will not be affected by a simple extension application.

Using AI responsibly

Co-created with students, AI in Education includes lots of helpful examples of how students use generative AI tools to support their learning. It explains how generative AI works, the different tools available and how to use them responsibly and productively.

WK Topic Learning activity Learning outcomes
Week 01 Introduction to criminal procedure Lecture and tutorial (4 hr)  
Week 02 Police powers and discretion Lecture and tutorial (4 hr)  
Week 03 Bail and appeals Lecture and tutorial (4 hr)  
Week 04 Pre-trial process, the decision to prosecute and mandatory defence disclosure Lecture and tutorial (4 hr)  
Week 05 Sentencing and punishment Lecture and tutorial (4 hr)  
Week 06 Process, open justice and fairness, adversarial system of justice, case management alternative dispute resolution, costs and ethics Lecture and tutorial (4 hr)  
Week 09 Matters preceding litigation and commencing proceedings Lecture and tutorial (4 hr)  
Week 10 Pleadings and particulars, gathering evidence in civil cases Lecture and tutorial (4 hr)  
Week 11 Opposing disclosure - objecting to production and/or access: privilege Lecture and tutorial (4 hr)  
Week 12 Trial or no trial Lecture and tutorial (4 hr)  

Attendance and class requirements

  • Attendance: See canvas for details. 
  • Word count penalty: A piece of assessment which exceeds the prescribed word limit will attract a penalty of 10% pf the total marks available for the piece of assessment for every 100 words, or part thereof. The total word count for essay and other written assessments will exclude: bibliography; footnote numbers; footnote citation; cover page and include: body text; headings and sub-headings; quotations; anything other than numbers and citations in footnotes.
  • Referencing guide: The Sydney Law School expects you to use the Australian Guide to Legal Citation (4th edition, 2018) for your footnoting style, although you should confirm this with your lecturer, and a link to the library website where this is set out comprehensively is available at https://libguides.library.usyd.edu.au



With the move to online delivery the Law School attendance requirement no longer applies. Students should refer to Canvas for details of class engagement in individual units of study.
 

 

Study commitment

Typically, there is a minimum expectation of 1.5-2 hours of student effort per week per credit point for units of study offered over a full semester. For a 6 credit point unit, this equates to roughly 120-150 hours of student effort in total.

Required readings

All readings for this unit can be accessed through the Library eReserve, available on Canvas.

  • David Brown, David Farrier, Luke McNamara, Alex Steel, Michael Grewcock, Julia Quilter and Melanie Schwartz, Thalia Anthony, Arlie Loughnan, Criminal Laws: Materials and commentary on criminal law and process in NSW (Federation Press, 7th edn., 2020).
  • Miiko Kumar, Michael Legg, Ilija Vikovich, James Metzger, Civil Procedure in New South Wales (Thomson, 4th edn., 2020).

Learning outcomes are what students know, understand and are able to do on completion of a unit of study. They are aligned with the University's graduate qualities and are assessed as part of the curriculum.

At the completion of this unit, you should be able to:

  • LO1. understand the procedures that administer justice in civil and criminal cases
  • LO2. appreciate the methods by which criminal and civil procedures have developed
  • LO3. identify the features, criticisms and reforms of an adversarial system of litigation
  • LO4. appreciate the requirements of open justice, fairness and ethical conduct in the legal process
  • LO5. understand the different methods of dispute resolution in criminal and civil cases
  • LO6. understand the procedures for conducting civil litigation
  • LO7. understand the procedures in the criminal justice system
  • LO8. identify the procedures for gathering evidence in civil and criminal matters
  • LO9. understand the objections to accessing and admitting potential evidence in civil and criminal cases based on client legal privilege, public interest immunity and negotiations privilege, and evidence improperly obtained
  • LO10. appreciate the grounds of appeal against civil and criminal judgments and/or verdicts.

Graduate qualities

The graduate qualities are the qualities and skills that all University of Sydney graduates must demonstrate on successful completion of an award course. As a future Sydney graduate, the set of qualities have been designed to equip you for the contemporary world.

GQ1 Depth of disciplinary expertise

Deep disciplinary expertise is the ability to integrate and rigorously apply knowledge, understanding and skills of a recognised discipline defined by scholarly activity, as well as familiarity with evolving practice of the discipline.

GQ2 Critical thinking and problem solving

Critical thinking and problem solving are the questioning of ideas, evidence and assumptions in order to propose and evaluate hypotheses or alternative arguments before formulating a conclusion or a solution to an identified problem.

GQ3 Oral and written communication

Effective communication, in both oral and written form, is the clear exchange of meaning in a manner that is appropriate to audience and context.

GQ4 Information and digital literacy

Information and digital literacy is the ability to locate, interpret, evaluate, manage, adapt, integrate, create and convey information using appropriate resources, tools and strategies.

GQ5 Inventiveness

Generating novel ideas and solutions.

GQ6 Cultural competence

Cultural Competence is the ability to actively, ethically, respectfully, and successfully engage across and between cultures. In the Australian context, this includes and celebrates Aboriginal and Torres Strait Islander cultures, knowledge systems, and a mature understanding of contemporary issues.

GQ7 Interdisciplinary effectiveness

Interdisciplinary effectiveness is the integration and synthesis of multiple viewpoints and practices, working effectively across disciplinary boundaries.

GQ8 Integrated professional, ethical, and personal identity

An integrated professional, ethical and personal identity is understanding the interaction between one’s personal and professional selves in an ethical context.

GQ9 Influence

Engaging others in a process, idea or vision.

Outcome map

Learning outcomes Graduate qualities
GQ1 GQ2 GQ3 GQ4 GQ5 GQ6 GQ7 GQ8 GQ9

This section outlines changes made to this unit following staff and student reviews.

Based on student feedback, the court report assessment task has been developed to expose students to summary and indictable justice.

Site visit guidelines

Students are expected to display exemplary etiquette in court. For guidance on behaviour expectations in court, see the High Court’s guide for visitors at http://www.hcourt.gov.au/about/court-etiquette.

Disclaimer

The University reserves the right to amend units of study or no longer offer certain units, including where there are low enrolment numbers.

To help you understand common terms that we use at the University, we offer an online glossary.