LAWS 4004 Criminal Procedure and Evidence
Credit Points 10
Legacy Code 200015
Coordinator Francine Feld Opens in new window
Description The subject is designed to provide an understanding of the law, the theoretical underpinnings and the underlying policy issues, in the areas of evidence and criminal procedure.
School Law
Discipline Criminal Law
Student Contribution Band HECS Band 4 10cp
Check your fees via the Fees page.
Level Undergraduate Level 4 subject
Pre-requisite(s) LAWS 2004
Learning Outcomes
On successful completion of this subject, students should be able to:
- Explain selected theories and rationales underlying the policy and processes of criminal procedure and evidence.
- Interpret, analyse and apply the statutory and common law rules of evidence and criminal procedure as they operate in a practical context in New South Wales.
- Understand the circumstances and needs of Aboriginal and Torres Strait Islander peoples in criminal courts, procedures and processes.
Subject Content
1. The nature of the adversarial trial in the criminal context
2. Alternative rationales underlying the Uniform Evidence Acts and the common law
3. Forms of evidence
4. Theories of proof and relevance
5. Standards and burden of proof
6. Rules of exclusion including, hearsay, opinion, admissions, tendency and coincidence, character, credibility, identification evidence
7. Privileges
8. Rules and principles of questioning witnesses and tendering documents
9. Judicial warnings, comment and directions
10. Mandatory and discretionary exclusions and the limitations on evidence
11. Prosecutorial and defence ethics
12. The law governing procedure before a criminal trial including arrest
13. The needs of Aboriginal and Torres Strait Islander peoples in criminal courts, procedure and processes
Assessment
The following table summarises the standard assessment tasks for this subject. Please note this is a guide only. Assessment tasks are regularly updated, where there is a difference your Learning Guide takes precedence.
Type | Length | Percent | Threshold | Individual/Group Task | Mandatory |
---|---|---|---|---|---|
Quiz | Best 4 of 10 quizzes, 15 minutes each | 20 | N | Individual | Y |
Professional Task | 1,500 words | 30 | N | Individual | Y |
Final Exam | 2 hours | 50 | N | Individual | Y |
Prescribed Texts
-
Fiona Hum, Gregor Urbas and Ottavio Quirico, Australian Uniform Evidence Law (Cambridge University Press, 2nd ed, 2022).
NB: Students must have access to a HARD COPY. Students will not be able to access an ebook during the examination.
Teaching Periods
Autumn (2024)
Campbelltown
On-site
Subject Contact Tim Paine Opens in new window
View timetable Opens in new window
Online
Online
Subject Contact Francine Feld Opens in new window
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Parramatta - Victoria Rd
On-site
Subject Contact Tim Paine Opens in new window
View timetable Opens in new window
Autumn (2025)
Campbelltown
On-site
Subject Contact Tim Paine Opens in new window
View timetable Opens in new window
Online
Online
Subject Contact Francine Feld Opens in new window
View timetable Opens in new window
Parramatta - Victoria Rd
On-site
Subject Contact Tim Paine Opens in new window