LAW7135 - Criminal Law and Practice

Objectives:

On successful completion of the module, students will be able to:

Demonstrate critical knowledge and systematic understanding of the operation and principles of Criminal Law and Practice.

Demonstrate critical knowledge and conceptual understanding and ability to undertake complex analysis of the legal concepts, values, principles and rules relating to Criminal Law and Practice.

Apply acquired knowledge to substantive Criminal Law and Practice problems and evaluate critically issues, and comment critically on the law and related problems and issues to arrive at independent conclusions.

Content:

This module covers the main principles of English Criminal Law and analysis of their practical application. As such it may touch upon the following subject areas: Elements of offences – actus reus and mens rea; Specific offences – fatal and non -fatal offences against the person, sexual offences, property offences; Modes of liability – accomplices, secondary participation; Inchoate offences - assisting and encouraging crime, attempt and conspiracy; Capacity to commit offences - insanity, automatism and intoxication; Defences – self-defence, necessity, duress. Partial defences to murder, loss of control, diminished responsibility; Relevance, admissibility and weight of evidence; Burdens and standards of proof; Competence and compellability of witnesses; Special measures; Examination and Cross Examination; Protection of complainants in sex case; Expert Evidence; Hearsay; Identification Evidence; Confessions; Inferences from silence; Character and credibility.

This module will also provide particular training and support for key transferrable skills: to carry out independent tasks and research; to consider how legal principles can be applied to both actual and hypothetical facts, and to enhance relevant Employability skills in the context of the subject area.

Learning and Teaching Information:

Student learning will be supported through workshops which use and include a blended approach in providing formal lectures and delivery, seminars, group work and tutorials.

The role, remit and function of Criminal Law will be explained and articulated. Its operations will be illustrated through analysis of case studies selected to cover all the key institutions and functions and their interrelations. Specific case studies will be drawn from recent/current news stories and therefore the specific materials will change each year.

You will be encouraged to engage in directed independent learning prior to and following the classroom session. Completion of the independent learning will be paramount to successfully completing the module given the complexities of the subject. The workshop sessions will provide an opportunity for discussion, debate, application and analysis. The sessions will cover the key academic materials of the module and form an essential part of students’ weekly preparatory activities.

Activities will be supported by workshops which will be devoted to a discussion of legal theory as well as a consideration of simulated real-world issues in the subject specific area. Students will work in groups to discuss, prepare and then present solutions to problem based scenarios.Finally, workshops will be supported further by the provision of weekly consolidation activities for each session.

Workshops
Hours: 20
Intended group size: 20

Guided independent study
Hours: 130

Further details relating to assessment
The summative assessment will be supplemented with formative assessment throughout the module. Multiple choice tests will be made available via the virtual learning environment, Moodle, which will provide you with immediate feedback as to your understanding. In addition, you will be given the opportunity to engage with scenario and essay based tasks and both tutor assessed feedback and peer assessed feedback will be provided ensuring you are fully prepared for your summative assessment.

Mooting Presentation: This is an advocacy exercise which involves a court presentation based upon a case study in criminal law. You are required to research the relevant area of law, to prepare a brief based upon the facts of the case and then to present oral arguments within a court setting in the form of a moot. Formal mooting rules, including the need to exchange skeleton arguments and lists of authorities will apply.

Full details are available in the Module Handbook.

Assessment:

001 Mooting presentation; 30 minutes; end of semester 2 100%

Fact File

Module Coordinator - Stephen Forster
Level - 7
Credit Value - 15
Pre-Requisites - NONE
Semester(s) Offered - 7T2

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