Criminal Procedure and Human Rights

Subject LAWS70337 (2011)

Note: This is an archived Handbook entry from 2011.

Credit Points: 12.50
Level: 7 (Graduate/Postgraduate)
Dates & Locations:

This subject has the following teaching availabilities in 2011:

September, Parkville - Taught on campus.
Pre-teaching Period Start not applicable
Teaching Period not applicable
Assessment Period End not applicable
Last date to Self-Enrol not applicable
Census Date not applicable
Last date to Withdraw without fail not applicable


Timetable can be viewed here. For information about these dates, click here.
Time Commitment: Contact Hours: The total class time is between 24 and 26 hours.
Total Time Commitment: Not available
Prerequisites: Visit the Melbourne Law Masters website for more information about this subject.
Corequisites: Visit the Melbourne Law Masters website for more information about this subject.
Recommended Background Knowledge: Visit the Melbourne Law Masters website for more information about this subject.
Non Allowed Subjects: Visit the Melbourne Law Masters website for more information about this subject.
Core Participation Requirements: Visit the Melbourne Law Masters website for more information about this subject.

Contact

For more information, contact the Melbourne Law Masters office.

Email law-masters@unimelb.edu.au or phone +61 3 8344 6190.

Alternatively, visit our website:

www.masters.law.unimelb.edu.au

Subject Overview:

Principal topics will include:

  • Relevant international human rights norms, the Victorian Charter and the European Charter, and the Indonesian Law on the ICTY
  • Fair trial: Overview and critique
  • Investigation, warrants and coercive orders, jurisdiction
  • Indictment
  • Bail and asset freezing
  • Disclosure
  • The process for complainants, witnesses and defendants
  • Trial, sentencing hearings and appeals.
Objectives:

This subject aims to teach Australian criminal procedure in an international human rights context. Successful students will understand Australian procedures and be able to extrapolate this to practice in other jurisdictions.

A student who has successfully completed this subject should understand:

  • The minimum requirements which international human rights norms impose upon any criminal justice system
  • The essential steps of the criminal process in Victoria, including jurisdiction, investigation, indictment, bail, asset freezing, disclosure, trial, appeal, victim rights and defendants’ remedies
  • The broad shape of the criminal process in international criminal tribunals (focusing on the International Criminal Court (ICC) and International Criminal Tribunal for the former Yugoslavia (ICTY)), in other common law jurisdictions (focusing on the United Kingdom) and in civil jurisdictions (focusing on Indonesia)
  • The methods by which the jurisprudence of each system may be deployed in other systems, using the developing currency of international human rights law.
Assessment:

Visit the Melbourne Law Masters website for more information about this subject.
Prescribed Texts: Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Visit the Melbourne Law Masters website for more information about this subject.
Breadth Options:

This subject is not available as a breadth subject.
Fees Information: Subject EFTSL, Level, Discipline & Census Date

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