The Criminal Practice course is a jurisdictionally specific, intensive face-to-face elective course in the Admission to Practice Courses component of the ANU Master of Legal Practice (MLP) and Graduate Diploma of Legal Practice (GDLP). The course meets the Australasian Professional Legal Education Council’s (APLEC) Competencies for Entry Level Lawyers in respect of Criminal Practice.

 

To successfully complete the course students must attend and participate in practical activities and assessments, and demonstrate competency in relation to the APLEC standards for Criminal Practice.

 

The course may be undertaken by any ANU MLP/GDLP student (after having completed the Becoming a Practitioner Course) – not only those who are based in the particular jurisdiction or who intend to practice there.

 

Distinguishing features of the course are:

• Concentration on both defence and prosecution practice;
• Emphasis on collaborative, scenario based, experiential learning;
• Bulk of the instruction and practice in small groups;
• Instruction by highly experienced, highly regarded practitioner teachers; and
• Emphasis on socially aware, ethical, professional practice.

 

The following skills and attributes are particularly emphasised in the course:

•  Problem analysis, rigor and precision;
• Work management, practicality and efficiency;
• Effective communication;
• Oral submissions and argument;
• Self-awareness and reflective practice; and
• Skills to recognise and meet ethical and professional obligations.

 

Learning Outcomes

Upon successful completion, students will have the knowledge and skills to:

1. Investigate, analyse and evaluate a situation from prosecution and defence perspectives to identify whether the matter is a criminal law matter
2. Analyse, research and evaluate the facts of the matter, identify and synthesise the relevant law, the defendant’s rights and police powers to advise the prosecution (when acting as a prosecutor) and the defendant (when acting for the defence.)
3. Analyse, research and evaluate the defendant’s rights and potential remedies and options, critically reflect on the breadth and scope of legal issues and applicable law to be able to communicate options and possible outcomes to both defence and prosecution to enable them to make informed decisions
4. Research and draft relevant document(s) to identify, evaluate and communicate information to the client (prosecution or defence) and to transmit information (facts and evidence) in the form required by the court to support the client’s case
5. Identify, prepare, conduct and document court or tribunal proceedings, including bail applications, pleas, defences, prosecutions, submissions and generally represent the defendant or prosecution professionally and in accordance with good practice
6. Demonstrate and reflect critically on their ethical and professional behaviour and responsibilities and reflect on experiences to improve performance
7. Achieve the ‘Competency Standards for Entry Level Lawyers’ as determined by the Law Admissions Consultative Council.

Required Resources

It is crucial that you familiarise yourself with the materials and resources available in the Wattle site for the course, watch the instructional videos and familiarise yourself with the resource links.

Recommended Resources

Use the External Resources in Wattle as and when you need them. At a minimum you should familiarise yourself with bail and sentencing legislation from a practical point of view.  

Staff Feedback

Students will be given feedback in the following forms in this course:

• You will receive feed-forward when you begin to practice tasks and feed-back in relation to all tasks, including assessable tasks. Feed-forward aims to help you improve your performance while you are working on this yourself. Feed-back focuses on your level of achievement and ways of improving further when you next undertake the task.
• You will also receive written or oral feedback following any resubmission of an assessment.

Student Feedback

ANU is committed to the demonstration of educational excellence and regularly seeks feedback from students. Students are encouraged to offer feedback directly to their Course Convener or through their College and Course representatives (if applicable). The feedback given in these surveys is anonymous and provides the Colleges, University Education Committee and Academic Board with opportunities to recognise excellent teaching, and opportunities for improvement. The Surveys and Evaluation website provides more information on student surveys at ANU and reports on the feedback provided on ANU courses.

Other Information

Competency Standards

The GDLP draws together the compulsory skills, practice areas and values from the Law Admissions Consultative Committee (LACC) Competency Standards for Entry-Level Lawyers. The LACC competencies set out the standards that you must achieve during your professional legal training (PLT) to be eligible for admission to practice.

You can find the PLT Competency Standards for Entry-level lawyers at https://www.lawcouncil.asn.au/files/web-pdf/LACC%20docs/224336988_10_LACC%20-%20PLT.pdf.

Requesting an Extension

If you think other circumstances justify an extension you should discuss your circumstances with your Convenor, before the due date. Whether or not an extension will be granted remains in the discretion of the Convenor. Convenors will not usually grant extensions if the reason for your inability to complete work on time is due to a commitment that you knew you had at the start of the course. Alternatively, an extension is likely to be granted if an issue / commitment arises during the course that you could not have predicted.

In some circumstances (illness, injury, family crisis etc.) an extension will be granted as a matter of course. The Convenor may ask you to provide documentation – e.g. a medical certificate. 

Retrospective extensions will be granted only in exceptional circumstances. Convenors recognise that circumstances can arise when it is impossible or impracticable for a student to request an extension prior to the submission date.

Convenors may notify the Sub-Dean when responding to your extension request. The Sub-Dean may contact you with regard to your extensions request(s) if they identify that you may benefit from additional and/or coordinated support due to your circumstances.

Word Limits

As the assessment in the GDLP Program is authentic to legal practice, we do not impose word limits. However, you will often be given a word ‘recommendation’ to guide you, taking into account the purpose of the document and the length it is likely to be in practice.

 

Sub-Dean, GDLP/MLP

The GDLP/MLP Sub-Dean, Pamela Taylor-Barnett can be contacted via email on subdean.slp@anu.edu.au.

Wellbeing Support Services for Lawyers

You will find an abundance of wellbeing support information for lawyers on the ANU School of Legal Practice website.

We also encourage you to read Being Well in the Law – a guide for lawyers which is a toolkit is provided by the NSW Law Society, written by our ANU Academics.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	Monday - Topics covered will include: Welcome and Introduction: Staff, Timetable, Assessments and Meet Your Class Refreshing your minds – criminal procedure and how your client finds themselves in Court Theory of bail and bail applications Preparation for bail applications Bail Applications. Each student acts for an accused person applying for bail Consideration of elements of offences and negotiation for settlement. Prosecution v. defence groups.	Homework: Prepare letters of advice of outcomes to client re: bail.
2	Tuesday - Topics covered will include: Presentation of negotiated resolutions. Incorporated discussion of principled negotiation in criminal matters, the application of DPP guidelines and defence duty to clients. Sentencing submissions – theory including taking of instructions from clients, sentencing theory and advocacy tips. Plea preparation Ethical dilemmas for criminal practitioners Sentencing submissions / coffee break / discussion of advising client of outcomes	Homework: Prepare letter of advice to client re: sentencing outcomes
3	Wednesday - Topics covered will include: Advising outcomes to clients Contested sentencing submissions. Each students appears for the prosecution or defence in pairs. Exercise involves physical tendering of antecedents, victim impact statements, references and reports to be relied upon during the sentencing submissions. Case analysis, evidence-in-chief/limits of re-examination and cross-examination revision, opening and closing addresses (including coffee break). Students to be assigned duties for summary trial in groups (opening address, evidence in chief/re-examination, cross examination, playing witnesses, closing addresses). Trial preparation
4	Thursday - Topics covered will include: Trial GROUP A Trial GROUP B Re-tests (if required)	For a full class schedule, please refer to the Important Class Information & Schedule in Wattle

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Students work in pairs to determine the elements of an offence	0 %	26/09/2019	26/09/2019	1, 2, 7
As part of a group, conduct a client interview	0 %	26/09/2019	26/09/2019	1, 2, 3, 6, 7
As part of a group, advise a client on the outcome of a plea	0 %	26/09/2019	26/09/2019	1, 2, 3, 6, 7
Prepare a matter for trial, conduct or observe and reflect on a contested hearing, including examination of witnesses	0 %	26/09/2019	26/09/2019	2, 3, 4, 5, 6, 7
Conduct a (mock) opposed bail application	0 %	26/09/2019	26/09/2019	2, 3, 4, 5, 6, 7
Conduct a (mock) plea	0 %	26/09/2019	26/09/2019	2, 3, 4, 5, 6, 7
In a small group, consider ethical dilemmas in criminal practice.	0 %	26/09/2019	26/09/2019	6, 7

* If the Due Date and Return of Assessment date are blank, see the Assessment Tab for specific Assessment Task details

Policies

ANU has educational policies, procedures and guidelines, which are designed to ensure that staff and students are aware of the University’s academic standards, and implement them. Students are expected to have read the Academic Misconduct Rule before the commencement of their course. Other key policies and guidelines include:

• Student Assessment (Coursework) Policy and Procedure
• Special Assessment Consideration Policy and General Information 
• Student Surveys and Evaluations
• Deferred Examinations
• Student Complaint Resolution Policy and Procedure

Assessment Requirements

The ANU is using Turnitin to enhance student citation and referencing techniques, and to assess assignment submissions as a component of the University's approach to managing Academic Integrity. For additional information regarding Turnitin please visit the ANU Online website. In rare cases where online submission using Turnitin software is not technically possible; or where not using Turnitin software has been justified by the Course Convener and approved by the Associate Dean (Education) on the basis of the teaching model being employed; students shall submit assessment online via ‘Wattle’ outside of Turnitin, or failing that in hard copy, or through a combination of submission methods as approved by the Associate Dean (Education). The submission method is detailed below.

Moderation of Assessment

Marks that are allocated during Semester are to be considered provisional until formalised by the College examiners meeting at the end of each Semester. If appropriate, some moderation of marks might be applied prior to final results being released.

Participation

You have elected to enrol in an intensive practice course – give it your full commitment by keeping up to date, being informed and actively participating in the course.

Check Wattle announcements and forum discussions as well as your ANU email at least every 24-48 hours. Alternatively, set your personal setting to provide you with all the reminders you need to achieve this. At the end of the day, it is your responsibility to ensure you are actively committed and involved in this course.

All email correspondence from the ANU will be sent to your ANU email address.

You may arrange for your ANU Email to be forwarded to an email address you check daily. 

Assessment Task 1

Students work in pairs to determine the elements of an offence

Assessment Due Date: During allocated session

Linked Learning Outcomes: 1, 2, 7

Please refer to the Important Class Information & Schedule in Wattle for further information regarding submission of assessment and grades in this course.

Assessment Task 2

As part of a group, conduct a client interview

Assessment Due Date: During allocated session

Linked Learning Outcomes: 1, 2, 3, 6, 7

Please refer to the Important Class Information & Schedule in Wattle for further information regarding submission of assessment and grades in this course.

Assessment Task 3

As part of a group, advise a client on the outcome of a plea

Assessment Due Date: During allocated session

Linked Learning Outcomes: 1, 2, 3, 6, 7

Please refer to the Important Class Information & Schedule in Wattle for further information regarding submission of assessment and grades in this course.

Assessment Task 4

Prepare a matter for trial, conduct or observe and reflect on a contested hearing, including examination of witnesses

Assessment Due Date: During allocated session and final day

Linked Learning Outcomes: 2, 3, 4, 5, 6, 7

Please refer to the Important Class Information & Schedule in Wattle for further information regarding submission of assessment and grades in this course.

Assessment Task 5

Conduct a (mock) opposed bail application

Assessment Due Date: During allocated session

Linked Learning Outcomes: 2, 3, 4, 5, 6, 7

Please refer to the Important Class Information & Schedule in Wattle for further information regarding submission of assessment and grades in this course.

Assessment Task 6

Conduct a (mock) plea

Assessment Due Date: During allocated session

Linked Learning Outcomes: 2, 3, 4, 5, 6, 7

Please refer to the Important Class Information & Schedule in Wattle for further information regarding submission of assessment and grades in this course.

Assessment Task 7

In a small group, consider ethical dilemmas in criminal practice.

Assessment Due Date: During allocated session

Linked Learning Outcomes: 6, 7

Please refer to the Important Class Information & Schedule in Wattle for further information regarding submission of assessment and grades in this course.

Academic Integrity

Academic integrity is a core part of the ANU culture as a community of scholars. At its heart, academic integrity is about behaving ethically, committing to honest and responsible scholarly practice and upholding these values with respect and fairness.

The ANU commits to assisting all members of our community to understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. The ANU expects staff and students to be familiar with the academic integrity principle and Academic Misconduct Rule, uphold high standards of academic integrity and act ethically and honestly, to ensure the quality and value of the qualification that you will graduate with.

The Academic Misconduct Rule is in place to promote academic integrity and manage academic misconduct. Very minor breaches of the academic integrity principle may result in a reduction of marks of up to 10% of the total marks available for the assessment. The ANU offers a number of online and in person services to assist students with their assignments, examinations, and other learning activities. Visit the Academic Skills website for more information about academic integrity, your responsibilities and for assistance with your assignments, writing skills and study.

Online Submission

Not applicable

Hardcopy Submission

You will complete oral assessments and written assessments throughout the course as specified by the course convenor during the intensive. 

Late Submission

If you do not complete your assessments at the assigned time, without receiving an approved extension from the Convenor, the following penalties will apply: 

1.  You will be graded as (NCN) for the course (non-complete fail)

The Convenor has overriding discretion to accept an assessment and/or to allow a student to resubmit an assessment, or to submit a supplementary assessment.

Referencing Requirements

Accepted academic practice for referencing sources that you use in presentations can be found via the links on the Wattle site, under the file named “ANU and College Policies, Program Information, Student Support Services and Assessment”. Alternatively, you can seek help through the Students Learning Development website.

Returning Assignments

Your oral work will receive feedback during the intensive from your assessor. Please ensure that you write a contemporaneous record of the feedback you receive so that you can refer to this in the portfolio and Ready for Practice course. You may, with the consent of your assessor, record the assessment and the feedback on your own device for your own future reference.   

Your written work will receive feedback and grading via the course Wattle site under the corresponding assessment drop box. Assessment results are typically available between 1-2 weeks after the due date via the same Dropbox your assessments were submitted to. The Convenor will post announcements about when you can expect your assessment results.

Extensions and Penalties

Extensions and late submission of assessment pieces are covered by the Student Assessment (Coursework) Policy and Procedure. The Course Convener may grant extensions for assessment pieces that are not examinations or take-home examinations. If you need an extension, you must request an extension in writing on or before the due date. If you have documented and appropriate medical evidence that demonstrates you were not able to request an extension on or before the due date, you may be able to request it after the due date.

Resubmission of Assignments

Privacy Notice

The ANU has made a number of third party, online, databases available for students to use. Use of each online database is conditional on student end users first agreeing to the database licensor’s terms of service and/or privacy policy. Students should read these carefully. In some cases student end users will be required to register an account with the database licensor and submit personal information, including their: first name; last name; ANU email address; and other information.
In cases where student end users are asked to submit ‘content’ to a database, such as an assignment or short answers, the database licensor may only use the student’s ‘content’ in accordance with the terms of service – including any (copyright) licence the student grants to the database licensor. Any personal information or content a student submits may be stored by the licensor, potentially offshore, and will be used to process the database service in accordance with the licensors terms of service and/or privacy policy.
If any student chooses not to agree to the database licensor’s terms of service or privacy policy, the student will not be able to access and use the database. In these circumstances students should contact their lecturer to enquire about alternative arrangements that are available.

Distribution of grades policy

Academic Quality Assurance Committee monitors the performance of students, including attrition, further study and employment rates and grade distribution, and College reports on quality assurance processes for assessment activities, including alignment with national and international disciplinary and interdisciplinary standards, as well as qualification type learning outcomes.

Since first semester 1994, ANU uses a grading scale for all courses. This grading scale is used by all academic areas of the University.

Support for students

The University offers students support through several different services. You may contact the services listed below directly or seek advice from your Course Convener, Student Administrators, or your College and Course representatives (if applicable).

• ANU Health, safety & wellbeing for medical services, counselling, mental health and spiritual support
• ANU Diversity and inclusion for students with a disability or ongoing or chronic illness
• ANU Dean of Students for confidential, impartial advice and help to resolve problems between students and the academic or administrative areas of the University
• ANU Academic Skills and Learning Centre supports you make your own decisions about how you learn and manage your workload.
• ANU Counselling Centre promotes, supports and enhances mental health and wellbeing within the University student community.
• ANUSA supports and represents undergraduate and ANU College students
• PARSA supports and represents postgraduate and research students