Course Title: Apply investigative processes within justice environments

Part B: Course Detail

Teaching Period: Term1 2017

Course Code: JUST5710

Course Title: Apply investigative processes within justice environments

School: 365T Global, Urban and Social Studies

Campus: City Campus

Program: C6124 - Advanced Diploma of Justice

Course Contact: Irene Pagliarella, Program Manager

Course Contact Phone: +61 3 9925 4581

Course Contact Email: irene.pagliarella@rmit.edu.au

Name and Contact Details of All Other Relevant Staff

Nominal Hours: 80

Regardless of the mode of delivery, represent a guide to the relative teaching time and student effort required to successfully achieve a particular competency/module. This may include not only scheduled classes or workplace visits but also the amount of effort required to undertake, evaluate and complete all assessment requirements, including any non-classroom activities.

Pre-requisites and Co-requisites

Successful completion of, or demonstrated equivalence to, the following units of competency:

VU20861 Apply criminal law within justice environments
VU20862 Work with family violence contexts within justice environments
VU20863 Work with culturally diverse clients within justice environments
VU20864 Work with conflict resolution and mediation processes within justice environments
VU20865 Apply management and leadership within justice environments

And ONE of the following electives:

LGACOM406A Investigate alleged breaches of legislation and prepare documentation
CHCAOD402B Work effectively in the alcohol and other drugs sector

Course Description

In this course you will develop the skills and knowledge required to apply appropriate and relevant investigative skills and procedure to conduct investigations, gather, record, assess and present evidence in a court of competent jurisdiction.

National Codes, Titles, Elements and Performance Criteria

National Element Code & Title:	VU20852 Apply investigative processes within justice environments
Element:	1. Identify and apply responsibilities and legal obligations of investigative role within justice contexts
Performance Criteria:	1.1 Role, principles and responsibilities of an investigator in a justice environment are analysed 1.2 Legal boundaries and operational requirements of a criminal investigation are delineated and applied 1.3 Laws relating to obtaining information and the methods of gathering evidence are analysed and applied
Element:	2. Identify and apply evidence procedures
Performance Criteria:	2.1 Legal requirements and procedures at crime/events scenes are identified and applied 2.2 Physical and forensic evidence and their requirements are identified, collected, recorded, assessed and prepared for court 2.3 Legal requirements of comprehensive statement taking, note taking and conducting and recording an interview are identified, examined and applied 2.4 Law relating to admissibility of evidence is examined and applied and a brief of evidence that complies with current legal requirements is developed and presented
Element:	3. Investigate and apply the legal process of presenting a case for prosecution
Performance Criteria:	3.1 Methods used to bring a person before a court of competent jurisdiction are examined and applied 3.2 Court procedure involved in a hearing are analysed and applied 3.3 Function and responsibilities, including ethical duties, of persons and parties involved in criminal hearing are identified 3.4 Moot court is conducted, in consultation with relevant people, to check and evaluate determined skills, knowledge, attitudes and functions required for presenting prepared case for prosecution 3.5 Lessons learned are used to inform final preparation of case for prosecution
Element:	4. Apply sentencing principles to presenting a plea
Performance Criteria:	4.1 Five sentencing principles are critically analysed 4.2 Matters in mitigation are applied to a plea 4.3 Plea is developed, based on relevant sentencing principles and matters in mitigation, and evaluated in consultation with relevant people

Learning Outcomes

On completion of the course, you will be able to:
• Apply legal, ethical and operational requirements to investigate, gather evidence and prepare a case for prosecution within the Victorian criminal justice system
• Apply legal, ethical and operational requirements to prepare a plea within the Victorian criminal justice system
• Provide the evidence of knowledge of Victorian judicial, ethical and legal requirements of evidence gathering, recording, assessment of physical evidence and interviewing, including taking of notes and statements
• Provide the evidence of knowledge of Victorian judicial, ethical and legal requirements of criminal court procedures, preparation of prosecution cases and pleas
• Provide the evidence of knowledge of Victorian judicial, ethical and legal requirements of sentencing in Victoria

Details of Learning Activities

Students will participate in a variety of learning activities, both in class and out of class.

In Class Activities Will Incorporate

Simulated workplace scenarios, practical demonstrations and role-plays that identify with professional practice within the justice system
Individual oral and written questioning, and student-led group discussions and/or presentations, will exemplify your contextualizing of the class topics, and validate your learning of key procedures, protocols and associated role responsibilities.

Out of Class Activities Will Incorporate

Readings, researching case studies, completing remaining in class activities, and preparing for in class group presentations
A Justice Camp

Teaching Schedule

Session One

Introduction to course and expectations
Course guide issued and discussed
Unit competencies & requirements discussed
Formative/summative Assessments, matrix, etc., explained
Confirmation of course important dates
Required skills and knowledge
Pre-test conducted

Session Two

Sentencing Act, principles and application
Judicial, ethical and legal requirements of sentencing in Victoria
Sentencing Advisory Council
Mitigating factor/s affecting sentencing
Develop & evaluate pleas

Summative Assessment (Task 1) instruction issued and discussed with students

Session Three

Principles, rules and types of investigation
Responsibilities in an investigation
Role, responsibilities and attributes of an investigator
Professional ethics in investigation

Session Four

Formative Assessment TWO and feedback

Summary of previous session
Planning an investigation and contingencies
Operational requirements
Legal boundaries of an investigation

Summative Assessment Task 3 issued and discussed

With students

Session Five

Summary of previous session
Australian Government Investigation Standard (AGIS)
Risk Management
Court forms

Session Six

Summary of previous session
Introduction to brief of evidence
Criminal procedural law
Laws relating to obtaining information

Session Seven

Formative Assessment THREE and feedback

Summary of previous session
Investigation Techniques
Law relating to investigations

Session Eight

Summary of previous session
Evidence
Types of evidence
Evidence & corroboration
Rules of evidence
Admissibility of evidence

Session Nine

Formative assessment FOUR and feedback

Summary of previous session

Notes and its value

Observation and description workshop
Action learning – photofit
Practical exercise

Session Ten

Summary of previous session
Statements
Types of statement (confessional/witness/informant)
Taking statements
Practical workshop

“How to take statement “ DVD

Session Eleven

Formative assessment FIVE and feedback

Summary of previous session
Interview and types
Questioning persons
Conducting and recording interviews
Rights of person (s464 CA1958)

Session Twelve

Conduct an interview – Practical workshop

Show DVD “ THE INTERVIEW”

Session Thirteen

Formative Assessment SIX and feedback

Methods of gathering evidence – Questioning, search & seizure, eye witness information, scientific/forensic and others
Ethical requirements when gathering evidence
Protection of Human Rights
Human Rights legislation

Session Fourteen

Summary of previous session
Brief of evidence
Documentations
Notice to appear

Session fifteen

Formative assessment SEVEN and feedback

Summary of previous session
Physical evidence and their requirements
Fingerprints/footprints procedure
Relevant legislation

Session sixteen

Summary of previous session
Physical evidence procedure
Physical evidence workshop

Session seventeen

Formative assessment EIGHTH and feedback

Summary of previous session
Forensic evidence and their requirements
Forensic procedures
Relevant legislation

Session eighteen

Summary of previous session
Forensic Evidence – Practical workshop

Session nineteen

Formative assessment NINE and feedback

Summary of previous session
Arrest, search and seizure
Methods used to bring person to court
Charge sheets, filing of charge sheets, summons and related judicial documentation
Brief of evidence

Session twenty

Summary of previous session
Jurisdiction of courts
Hearing and appeals
Function & responsibilities & ethical duties of parties at court
Brief of evidence

Session twenty-one

Formative assessment TEN and feedback

Summary of previous session
Format for giving evidence
Stages of evidence
Psychology of witnesses
Pleas
Use of contemporaneous notes

Session twenty-two

Intensive Training Bundoora

Summary of previous session
Introduction to crime scene/events/
Victims/informant/witnesses
Just outcomes
Coroners court
Containment
Preventing contamination

Session twenty-three

Summary of previous session
Moot court preparation
Camp preparation

Session twenty – four

Intensive Training - Bundoora

Summary of previous session
Crime scene legal requirement
Crime scene procedures
Crimes scene practical
Simulated crime scene
Action at crime scene

Session twenty five Week 13

Attend camp and manage crime scene
Gather live evidence
Prepare for court
Give evidence

Learning Resources

Prescribed Texts

References

Other Resources

Overview of Assessment

Assessments may incorporate a variety of methods including lecturers, tutorials, role-plays, practical exercises, case studies, observations, audio visual presentations, excursions, camp activities and interaction with individuals and groups in class and within the justice system.

Assessment Tasks

Formative Assessment Tasks

There are ten (10) formative assessment (ungraded) tasks delivered in the classroom and consist of short answer questions on the performance criteria of the applicable elements. Candidates will receive immediate feedback and remedial training as a form of ongoing monitoring of their progress. Weaknesses, strengths and LLN issues will be discussed collectively or with individual candidate as appropriate

Summative Assessment Tasks

Individual Research project on Principles of Sentencing (Graded summative assessment)

Task 1 - Candidates are required to provide a written report relating to the five principles of sentencing and the factors to be taken in consideration in mitigating and presenting a plea. Separate instruction will be supplied to candidates on session two, week three. This task will count towards 10% of the overall grade for this course.

Task 2 – Crime scene investigation (group based) and giving evidence (Graded summative assessment)

Candidates are required to attend a simulated exercise in crime scene investigation, including secure the crime scene to prevent contamination, gather evidence, and prepare statement for Court and giving evidence in a Moot court set-up. This task is group based and counts towards 20% of the overall grade for the semester.

Task 3 - Prosecution case preparation (group based)(Graded summative assessment)

Candidates are required to submit a criminal brief of evidence for prosecution using case study provided. In preparing the prosecution case, the group based candidates are to apply legal, ethical and Victorian judicial requirements including relevant legislation and requirements as to the admissibility of evidence. Separate instructions are supplied to the group/candidate at a suitable time during the semester. This task counts towards 35% of the overall grade for the semester.

Task 4 – Individual Written assessment (Graded summative assessment)

Candidates are required to individually and successfully complete a knowledge written assessment. This relates to materials presented during formal lectures on legal, ethical and operational requirements of investigations, criminal court procedures, preparation and preparation of prosecution cases including relevant legislation, judicial policies, court procedures and sentencing in Victoria. This task counts towards 35% of the overall grade for the semester.

Assessment Matrix

The assessments have been designed to cover all Learning Outcomes and will be graded in accordance with RMIT’s Mark Table which is as follows:

CHD	Competent with High Distinction
CDI	Competent with Distinction
CC	Competent with Credit
CAG	Competency Achieved - Graded
NYC	Not Yet Competent
DNS	Did not Submit for Assessment

Other Information

Program inherent requirements

Inherent requirements refer to the abilities, knowledge and skills you must demonstrate to:
achieve program learning outcomes
work effectively as part of a team in classroom and work-integrated learning (WIL) settings
perform effectively in classroom and WIL settings without undue risk to your own or others' health, safety and welfare.
Depending on your program of study, inherent requirements may include:
verbal and non-verbal communication skills
reading, writing and number skills
concentration, memory and problem solving
mental wellness and behavioural stability
vision, hearing, touch and smell
physical skills, such as gross and fine motor skills.
If you have any injury, illness, disability, impairment, condition or incapacity that may affect your ability to perform the inherent requirements of your program of study, we encourage you to discuss this with the Program manager to enable RMIT University to identify whether there are any reasonable adjustments that would enable you to perform program requirements. RMIT University wants to place you in the best possible position to use your knowledge, skills and attributes effectively in your program of study.

Please refer to the RMIT student page for extensive information about study support, assessment, extensions, appeals and a range of other matters: rmit.edu.au/students

Cover Sheet for Submissions
You must complete a submission cover sheet for every piece of work submitted in hardcopy. For every piece of work submitted online you will complete an e-Declaration. The signed cover sheet or e-Declaration acknowledges that you are aware of the plagiarism implications.

Examples of other information that could be included in this section are listed below. Please discuss with your Program Coordinator/Manager. Information needs to be consistent across the whole program.

Attendance
It is strongly advised that you attend all sessions in order to engage in the required learning activities, ensuring the maximum opportunity to gain the competency.

Applying for Special Consideration

If you are seeking an extension of more than seven calendar days (from the original due date) you must lodge an Application for Special Consideration form, preferably prior to, but no later than two working days after the official due date. Late applications will only be accepted in exceptional circumstances. For information about Special Consideration and how to apply, see: http://www1.rmit.edu.au/students/specialconsideration

Assessment Appeals

If you believe your assessment result or final result is wrong please contact the course coordinator and provide the reason why you think your result is incorrect. Valid reasons for seeking a review of results include:

a) You believe an error has occurred in the calculation of the grade; or,
b) You believe the assessment did not comply with criteria published in the Course Guide; or,
c) You believe the assessment did not comply with University Policies on Assessment (i.e. an error in process has occurred).

Full details of the procedure (including appeals procedure) can be located at this RMIT site: http://www1.rmit.edu.au/policies/academic#assessment

Academic Integrity

Academic integrity means honesty and responsibility in scholarship through respecting the work of others whilst having the freedom to build new insights, new knowledge and ideas. RMIT University upholds the values of academic integrity as fundamental to the scholarship undertaken by all members of its community. Whenever you refer to another person’s research or ideas (either by directly quoting or paraphrasing them) you must acknowledge your source.

If you are even in doubt about how to properly cite a reference, consult your lecturer or the academic integrity website: http://www.rmit.edu.au/academicintegrity

The RMIT library provides tools to assist with your referencing http://www1.rmit.edu.au/library/referencing

Plagiarism and Collusion

Plagiarism and collusion constitute extremely serious academic misconduct, and are forms of cheating. You are reminded that cheating, whether by fabrication, falsification of data, or plagiarism, is an offence subject to University disciplinary procedures. Plagiarism is the presentation of the work, idea or creation of another person as though it is your own. It is a form of cheating and is a very serious academic offence that may lead to expulsion from the University. Plagiarised material can be drawn from, and presented in, written, graphic and visual form, including electronic data, and oral presentations. Plagiarism occurs when the origin of the material used is not appropriately cited. Plagiarism is not acceptable.

Examples of plagiarism include:

Copying sentences or paragraphs word-for-word from one or more sources, whether published or unpublished, which could include but is not limited to books, journals, reports, theses, websites, conference papers, course notes, etc. without proper citation;
Closely paraphrasing sentences, paragraphs, ideas or themes without proper citation;
Piecing together text from one or more sources and adding only linking sentences;
Copying or submitting whole or parts of computer files without acknowledging their source;
Copying designs or works of art and submitting them as your original work;
Copying a whole or any part of another student's work; and
Submitting work as your own that someone else has done for you.
Enabling Plagiarism: the act of assisting or allowing another person to plagiarise or to copy your own work is also an offence.

For further information, please see the RMIT Plagiarism Policy – http://www.rmit.edu.au/browse;ID=sg4yfqzod48g1 (unresolved) – and the RMIT Student Conduct Regulations – http://www1.rmit.edu.au/browse;ID=r7a7an6qug93

Plagiarism Software

The originality verification software Turnitin may be used in this course. For details, see: http://www.turnitin.com

Complaints Procedure:

RMIT University is committed to providing a harmonious study and work environment for all students and staff. The University recognises your right to raise concerns about academic, administrative or support services without recrimination and has policies and procedures to assist in the resolution of complaints.

Most issues are resolved at the local level and you are encouraged to take steps to resolve your issue locally. The student complaint procedure details steps to take if your problem is not resolved or you believe the response you received is unreasonable.

Student Complaints Policy: http://www1.rmit.edu.au/policies/studentcomplaintspolicy

Student complaints Procedure: http://www1.rmit.edu.au/browse;ID=i1lexipvjt22

Student Complaints Form: http://mams.rmit.edu.au/v4ujvmyojugxz.pdf

Working with Children Check – This course requires a Working with Children Check

Police Check – This course requires a satisfactory police check

Course Overview: Access Course Overview