Unit Outline

In this unit you will build broad knowledge and skills required to competently practice criminal law as an entry-level lawyer. You will apply your acquired knowledge and skills to provide effective representation in the criminal jurisdiction of the Magistrates Court on a range of applications in a competent and effective manner. You will develop valuable advocacy and procedural skills and demonstrate an ability to effectively communicate in a range of professional and legal settings. This Unit is organised into three modules:

1. Familiarisation with the Court

2. Applications and submissions (practice and advocacy)

3. Conducting defended hearings

Throughout the unit, judicial officers and legal practitioners will deliver lectorials conduct workshops and issue exercises on all topics. You will appear in the Magistrates Court on eight occasions to make applications, make submissions, and undertake other advocacy exercises with oral feedback given directly by judicial officers and practitioners.

Intended Learning Outcomes

As per the Assessment and Results Policy 1.3, your results will reflect your achievement against specified learning outcomes.

On completion of this unit, you will be able to:


1.	Identify the legal powers of police or prosecuting authorities and communicate a client’s legal rights prior to arrest in a criminal matter
2.	Advise on the legal elements and options in minor criminal matters to support a client applying for bail, appearing on pleas in mitigation or any other application to provide effective representation
3.	Identify and formulate the required elements and relevant evidence to conduct a plea in mitigation or any other application
4.	Formulate the required elements and evidence for representation of a client and conduct of a contested hearing
5.	Act professionally and ethically in interactions with clients, the courts, the community and the broader legal profession

Requisites


REQUISITE TYPE	REQUISITES
Pre-requisite	Admission into L6B - Graduate Diploma of Legal Practice

Alterations as a result of student feedback

We have provided more guidance on how your final result is determined.

How will I be Assessed?

For more detailed assessment information please see MyLO.

Assessment schedule


ASSESSMENT TASK #	ASSESSMENT TASK NAME	DATE DUE	WEIGHT	LINKS TO INTENDED LEARNING OUTCOMES
Assessment Task 1:	Assessment Task: Restricted Licence Application and Plea in Mitigation	Refer to Assessment Description	20 %	LO2, LO3, LO5
Assessment Task 2:	Assessment Task: Family Violence/Restraint Order	Refer to Assessment Description	20 %	LO2, LO3
Assessment Task 3:	Assessment Task: Contested Hearing	Refer to Assessment Description	20 %	LO2, LO3, LO4, LO5
Assessment Task 4:	Assessment Task: Bail Application and Plea	Refer to Assessment Description	40 %	LO1, LO2, LO3, LO5

Assessment details

Assessment Task 1: Assessment Task: Restricted Licence Application and Plea in Mitigation

Task Description:

You will deliver a plea in mitigation relating to a driving offence and prepare and appear on an associated application for a restricted driver licence on behalf of your client, in a court-based setting.

Prior to appearance on the application, you will be required to:
• file an application for a restricted driver’s licence in the approved form with the Court;
• submit written advice outlining your client’s rights and options regarding a restricted licence;
• detail the general principles a Court would consider when imposing a penalty and determining an application for a restricted licence including references to relevant legislation and case law.

This Assessment Task will be in the most part formatively assessed and general feedback will be provided by practitioners and judicial officers assisting in the Court environment. Written material submitted will be summatively assessed and feedback provided if additional submission is required to meet the required standard.

Due date: Week 11

Task Length:

2 weeks

Due Date:

Refer to Assessment Description

Weight:

20 %

CRITERION #

CRITERION

MEASURES INTENDED

LEARNING OUTCOME(S)


1	Formulate the required elements and relevant evidence to conduct a plea in mitigation or any other application	LO2, LO3
2	Demonstrate professional and ethical behaviour in interactions with clients, the courts, the community and the broader legal profession	LO5

Assessment Task 2: Assessment Task: Family Violence/Restraint Order

Task Description:

You will be divided into two groups and prepare and appear for a client on either an ex parte application for restraint order or ex parte application for a family violence order.

Prior to your appearance you will:
• prepare and file an application in the approved form on behalf of the applicant;
• submit written advice on your client’s rights and an outline of applicable legislation and relevant authorities the Court should consider when hearing the application.

This Assessment Task will be in the most part formatively assessed and general feedback will be provided by practitioners and judicial officers assisting in the Court environment. Written material submitted will be summatively assessed and feedback provided if additional submission is required to meet the required standard.

Due Date: Week 20

Task Length:

2 weeks

Due Date:

Refer to Assessment Description

Weight:

20 %

CRITERION #

CRITERION

MEASURES INTENDED

LEARNING OUTCOME(S)


1	A nalyse and advise on the legal elements and options in minor criminal matters to support a client applying for bail, appearing on pleas in mitigation or any other application	LO2
2	Identify and formulate the required elements and relevant evidence to conduct a plea in mitigation or any other application in an effective and persuasive manner	LO2, LO3
3	Demonstrate professional and ethical behaviour in interactions with clients, the courts, the community and the broader legal profession	LO3

Assessment Task 3: Assessment Task: Contested Hearing

Task Description:

This task involves a group-based task designed to simulate key elements of a defended hearing in the Magistrates Court on a minor criminal charge.

The task involves preparation for a contested hearing. You will be divided into groups. Each group will include a prosecution and defence team with a member of each team preparing and undertaking a role involved in the conduct of the proceeding, e.g. an opening address, examination in chief, cross-examination of a prosecution and/or defence witnesses and a closing address. You will appear and conduct the proceedings in a court-based setting before a judicial officer or legal professional.

Prior to your appearance, each of you will be required to prepare and submit:

• if acting for the defence, a form of written application on behalf of the client to Tasmania Legal Aid outlining the merits of the case to support an application for a grant of legal assistance; or
• if acting of the prosecution, a memo to Police Prosecution, outlining the strength of the prosecution's case and/or chances of obtaining a conviction.

This Assessment Task will be in the most part formatively assessed and general feedback will be provided by legal professionals assisting in the Court environment. Written material submitted will be summatively assessed and feedback provided if additional submission is required to meet the required standard.

Due Date: Week 22

Task Length:

Due Date:

Refer to Assessment Description

Weight:

20 %

CRITERION #

CRITERION

MEASURES INTENDED

LEARNING OUTCOME(S)


1	Formulate the required elements and evidence for representation of a client and conduct of a contested hearing	LO2, LO3, LO4
2	Demonstrate professional and ethical behaviour in interactions with clients, the courts, the community and the broader legal profession	LO5

Assessment Task 4: Assessment Task: Bail Application and Plea

Task Description:

This task involves advising and representing a client in the defence and resolution of a criminal matter in the Magistrates Court. You will appear in Court and represent your client in relation to a bail application and deliver a plea in mitigation for your client.

Prior to the Court appearances you will submit written advice on the general principles and relevant legislation relating to bail and sentencing.

This Assessment Task will be in the most part formatively assessed and general feedback will be provided by practitioners and judicial officers assisting in the Court environment. Written material submitted will be summatively assessed and feedback provided if additional submission is required to meet the required standard.

Due Date: Week 6

Task Length:

8 Court appearances

Due Date:

Refer to Assessment Description

Weight:

40 %

CRITERION #

CRITERION

MEASURES INTENDED

LEARNING OUTCOME(S)


1	Identify the legal powers of police or prosecuting authorities and communicate a client’s legal rights prior to arrest	LO1
2	Analyse and advise on legal elements and options to support a client applying for bail and appearing on pleas in mitigation	LO1, LO2
3	Identify and formulate required elements and relevant evidence to conduct a plea in mitigation in an effective and persuasive manner	LO2, LO3
4	Demonstrate professional and ethical behaviour in interactions with clients, the courts, the community and the broader legal profession	LO5

How your final result is determined

No assessment process in this Unit or across the GDLP will involve the awarding of “marks”, in percentage terms, or otherwise. That is because, in legal practice, service to clients is not measured in percentage terms, but in being efficient and effective.

Your work in this Unit will be assessed against the standard required of an entry level lawyer and if it meets that standard it will be awarded a “pass”.

To pass this Unit, you need to demonstrate your attainment of the competency standards outlined above, to a “satisfactory” standard. As assessment for each Unit is both formative and summative, in the event you do not initially attain competency to a “satisfactory” standard regarding a task or assignment, you may be requested and provided with an opportunity to resubmit that task or assignment.

Any discussion regarding resubmission requirements will be communicated to you by the Unit Co-ordinator or Course Director on behalf of the Unit Co-ordinator.

Subject to attendance requirements being met, you may expect to satisfactorily complete this Unit if you demonstrate you have met the required competency standard.

Submission of assignments

Where practicable, assignments should be submitted to an assignment submission folder in MYLO. You must submit assignments by the due date or receive a penalty (unless an extension of time has been approved by the Unit Coordinator). Students submitting any assignment in hard copy, or because of a practicum finalisation, must attach a student cover sheet and signed declaration for the submission to be accepted for marking.

Requests for extensions

If you are unable to submit an assessment task by the due date, you should apply for an extension.

A request for an extension should first be discussed with your Unit Coordinator or teaching support team where possible. A request for an extension must be submitted by the assessment due date, except where you can provide evidence it was not possible to do so. Typically, an application for an extension will be supported by documentary evidence: however, where it is not possible for you to provide evidence please contact your Unit Coordinator.

The Unit Coordinator must notify you of the outcome of an extension request within 3 working days of receiving the request.

Late penalties

Assignments submitted after the deadline will receive a late penalty of 5% of the original available mark for each calendar day (or part day) that the assignment is late. Late submissions will not be accepted more than 10 calendar days after the due date, or after assignments have been returned to other students on a scheduled date, whichever occurs first. Further information on Late Penalties can be found on the Assessments and Results Procedure.

Review of results and appeals

You are entitled to ask for a review of the marking and grading of your assessment task if there is an irregularity in the marking standards or an error in the process for determining the outcome of an assessment. Details on how to request a review of a mark for an assignment are outlined in the Review and Appeal of Academic Decisions Procedure.