Course Title: Arrange Legal Representation for Criminal Justice Clients

Part B: Course Detail

Teaching Period: Term2 2013

Course Code: JUST5152

Course Title: Arrange Legal Representation for Criminal Justice Clients

School: 365T Global Studies, Soc Sci & Plng

Campus: City Campus

Program: C6077 - Advanced Diploma of Justice

Course Contact : Scott Ashley

Course Contact Phone: +61 3 99252917

Course Contact Email:scott.ashley@rmit.edu.au


Name and Contact Details of All Other Relevant Staff

Patrick Prescott
PH: 9925 8371
E: patrick.prescott@rmit.edu.au

Nominal Hours: 54

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

There are no pre-requisites for this course

Course Description

This course provides the skills and knowledge required to refer clients to: private lawyers, legal aid, pro bono legal assistance schemes and community legal centres. It includes an analysis of the role of Victoria Legal Aid, an explanation of the operation of specialist and generalist Community Legal Centres and an overview of pro bono assistance. It also includes an analysis of lawyers’ ethics and the procedures for making a complaint against a lawyer


National Codes, Titles, Elements and Performance Criteria

National Element Code & Title:

VBQU385 Arrange Legal Representation for Criminal Justice Clients

Element:

1. Investigate the role and responsibility of defence lawyers in the criminal justice system

Performance Criteria:

1.1The role, function and ethical duties of lawyers are explored
1.2The responsibilities of lawyers in representing those accused of criminal offences are analysed
1.3Analysis is conducted to differentiate between the roles of private and public legal personnel

Element:

2. Review the role, function, responsibilities and duties of Victoria Legal Aid

Performance Criteria:

2.1The role, function and powers of the Director of Legal Aid are analysed
2.2The process for applying for a grant of legal assistance is analysed

Element:

3. Examine the types of services offered by Victoria Legal Aid in relation to the criminal justice system

Performance Criteria:

3.1The responsibilities of VLA in the provision of legal services are analysed
3.2The responsibility of VLA is analysed in relation to providing legal representation to people charged with criminal offences
3.3The services provided by VLA to criminal justice clients are identified
3.4The services provided by VLA to criminal justice clients are evaluated

Element:

4. Investigate the types of services offered by generalist Community Legal Centres in relation to the criminal justice system

Performance Criteria:

4.1A range of legal matters that are handled by generalist CLCs are identified
4.2The CLC’s duties, responsibilities and powers are identified
4.3The differences between project work, community development and direct service provision are identified
4.4The service provided to criminal justice clients by the CLC is evaluated

Element:

5. Examine the types of services offered by specialist Community Legal Centres in relation to the criminal justice system

Performance Criteria:

5.1 A range of legal matters that are handled by specialist CLCs is identified
5.2The service provided to criminal justice clients by the specialist CLC is evaluated

Element:

6. Analyse the availability of pro bono legal assistance in Victoria

Performance Criteria:

6.1The origins of pro bono legal assistance are identified
6.2The availability of pro bono legal assistance is analysed
6.3The effectiveness of pro bono legal assistance schemes is evaluated

Element:

7. Analyse new forms of legal assistance

Performance Criteria:

7.1 The operation and effectiveness of email legal advice is evaluated
7.2 Sources of web based legal information are identified and evaluated

Element:

8. Analyse the process and procedures for complaints against lawyers

Performance Criteria:

8.1The process for making complaints against lawyers is identified
8.2The powers and role of the Legal Services Board and Commissioner are analysed
8.3The role and powers of VCAT with respect to lawyer’s misconduct is explored


Learning Outcomes


See Elements


Details of Learning Activities

Students will participate in a variety of teaching methods including: lectures, tutorials, class discussion, seminar presentations, group/individual work on projects, audio-visual presentations, field excursions where applicable, on site visits, and interaction with individuals and groups within the criminal justice area


Teaching Schedule

Session One: Subject introduction and assessment tasks

Session Two: Role and ethics of lawyers

Session Three: The difference between private and public lawyers

Session Four: Community Legal Centres, generalist

Session Five: Specialist CLC’s

Session Six CLC project work:

Session Seven: Principles of Victoria Legal Aid

Session Eight: Grant applications for Victoria Legal Aid

Session Nine: Understanding your client’s special needs

Session Ten: Review assignment 1

Session Eleven: Pro bono

Session Twelve: Private firms and pro bono, alternative forms of legal adv ice

Session Thirteen: PILCH and others

Session Fourteen: Making complaints about lawyers, VCAT’s role

Session Fifteen: Assignment 2 review

Session Sixteen: Subject review

Session Seventeen: Final Exam


Learning Resources

Prescribed Texts

There are no prescribed texts for this course although students may wish to consider purchasing a copy of Fitzroy Legal Service’s Law Handbook 2013.The following websites have useful journal articles and discussion papers:
www.abc.net.au/rn/talks/8.30/lawrpt/stories
www.communitylaw.org.au
www.justice.vic.gov.au
www.liv.asn.au
www.legalaid.vic.gov.au
http://www.youthlaw.asn.au
The following journals are useful:
Alternative Law Journal
Law Institute Journal


References


Other Resources


Overview of Assessment

Assessment will consist of:

  1. Written assignments
  2. Participation in classroom and on-line debates and discussions
  3. Exam

Note: All assessment tasks must be satisfactorily completed


Assessment Tasks

There are 3 pieces of assessment in this subject and each piece must be satisfactorily completed before a student can be deemed competent in this subject. Details of the assessment tasks are as follows:

1. Interview and Letter

2. Case Study and Letter to Client

3. Final Exam


Assessment Matrix

The assessment has been designed to cover all Learning Outcomes and will be graded in accordance with RMIT’s Mark Table 7 which is as follows:
HD 80-100
DI 70-79
CR 60-69
PA 50-59
NN 0-49

All written work must adhere to the following criteria:

Written reports, research projects or essays are to demonstrate an understanding of the concepts and familiarity with the prescribed or negotiated topics
It is expected that all submitted work will be well written, with clear and consistent grammar, expression and punctuation. It must be well structured and cogently address the issues raised in the chosen topic in a logical, ordered and organised manner
The concepts must be well defined and demonstrate a critical analysis of the chosen topic
Written submissions must demonstrate appropriate preparation, reading and research
In-text references must follow the APA style of referencing. In addition, you must provide a bibliography with correct and comprehensive details in relation to texts, articles, research reports and other sources that you have used
Double or 1.5 spacing and a font size of 10-12 must be used in font style Aerial or Times New Roman.

Assessment Deadlines
Any due date for any assignment is to be considered a deadline. You can submit work at any time prior to the submission date, but it must be into the Administration office by close of business of the day the submission is due.
 

Other Information

Extensions will not be granted by teachers or Administrative staff.

In accordance with RMIT policy, you may apply for an extension where there have been unexpected or extenuating circumstances, e.g.
•Hospital admission, serious injury, severe asthma, severe anxiety or depression. This does not include minor illness such as a cold, period pain or hay fever.
•Loss or bereavement – e.g. death of a close family member, family/relationship breakdown.
•Hardship/trauma – e.g. victim of crime, sudden loss of income or employment, severe disruption to domestic arrangements.
You must keep a copy of their assessment until the graded submission has been returned or marks have been posted.

All email communications will be sent to your RMIT student email address.
Applying for an Extension
Extension of time for assessment tasks may be granted where circumstances beyond your control prevent submission by the published due date. An application for extension of time must be lodged with your tutor or the course coordinator as early as possible, and no later than one working day before the due date for submission.
You can apply for extension using the University’s Extension Application Form – http://mams.rmit.edu.au/seca86tti4g4z.pdf – or by emailing your course coordinator or tutor directly.
An extension of up to seven calendar days may be granted if good reason can be demonstrated. Include supporting evidence (such as medical certificates) with your application.
Extensions beyond seven calendar days cannot be granted by course coordinators, tutors or the School. To apply for an extension of time greater than seven calendar days you must lodge an application for Special Consideration.
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://www.rmit.edu.au/students/specialconsideration
Penalties for Late Submission
If you have not been granted an extension or special consideration, late submission will be penalised as follows:
Assessment tasks submitted after the due date of submission shall receive a penalty of five per cent of the grades available for that assessment per day for each working day late.
No assessment task shall be accepted more than three weeks after the due date.
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:
•You believe an error has occurred in the calculation of the grade; or,

•You believe the assessment did not comply with criteria published in the Course Guide; or,

•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://www.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://www.rmit.edu.au/library/info-trek/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 – and the RMIT Student Discipline Statute and Regulations - http://www.rmit.edu.au/browse;ID=11jgnnjgg70y
Plagiarism Software
Students may enter their work into Turnitin, in order to support the originality of their writing and references. The software Turnitin may be used in this course, and can be discussed with your educator, Program Manager and/or downloaded from http://www.turnitin.com

Course Overview: Access Course Overview