City University of Hong Kong. Information on a Course offered by School of Law with effect from Semester B in 2012/2013

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1 City University of Hong Kong Form 2B Information on a Course offered by School of Law with effect from Semester B in 2012/2013 Part I Course Title: Criminal Litigation Practice Course Code: PLE5019 Course Duration: 1 semester (13 weeks) Credit Units: 3 units Level: P Medium of Instruction: English Prerequisites: Nil Precursors: Nil Equivalent Courses: Nil Exclusive Courses: Nil PCLL: Criminal Litigation Practice Form 2B (PLE5019 CRM Form 2B.Doc)

2 Part II Course Aims This course aims to prepare students to begin the practice of criminal litigation. Course Intended Learning Outcomes (CILOs) Upon successful completion of this course, students should be able to: No. CILOs Weighting (if applicable) 1. Demonstrate that they understand the overall structure and main principles of criminal litigation practice by applying that understanding to the resolution of real life problems and challenges in criminal litigation practice. 2. Conduct a range of tasks found in real life practice in criminal matters. 3. Perform basic and useful skills required of lawyers in criminal litigation practice 4. Explain to a client their analysis and advice in some basic criminal litigation situations 5. Discover new developments in areas of the law, such as in the use of evidence. 6. Recognise and deal with some ethical issues that may arise in criminal litigation practice. Alignment of CILOs with PILOs Programme Intended Learning Outcomes Contributed to. 1, 3, 4, 5 1 1, 2, 5, 6 2 1, 2, 5 3 1, 2, 5, 6 4 4, 5 5 1, 5, 6 6 Rationale for Teaching/Learning method(s) Assumptions and Considerations: Course Intended Learning Outcomes Subject knowledge: This Course follows upon the students having studied Criminal Law and Criminal Procedure in their LLB or in the Conversion Examination in the subject. The sole focus is on the practice of the law but, as the practice of the law involves knowing and applying the law, it inevitably requires students to refresh their knowledge of Criminal Law and Criminal Procedure and apply it to real-life situations. Programme Intended PCLL: Criminal Litigation Practice Form 2B (PLE5019 CRM Form 2B.Doc)

3 Learning Outcomes Contributed to. Rationale for Teaching/Learning method(s) Course Intended Learning Outcomes Development of skills and practical knowhow. The course adopts a comprehensive discovery approach to learning. It does this by presenting students with an unfolding real-life situation which students follow from beginning to end, week by week throughout the course. The real-life situation is a client charged with a criminal offence and the whole process of acting for the client is discovered by students week by week, commencing with the first interview and concluding with an appeal against sentence. During this unfolding real-life situation, students are confronted with a legal situation, involving evidence in the case in regard to a footprint found by the Police. Students are required to discover how the situation might be dealt with and resolved by engaging in research and then problem-solving. There is no legal precedent in Hong Kong for such a situation and students will, as a result and through this process, add to the body of knowledge in regard to this area of the law. The main thrust of teaching and learning will be to develop the student s skill and understanding of the basics of the practice of criminal litigation as a solicitor. The course focuses on the courts in which students are likely to practice immediately after leaving the PCLL, ie. the Magistrates and District Courts. Thus the preparation for trial by case analysis and theory, their role playing interviews with the client and their preparations for the defence and for bail applications are set in the context of a Magistrates Court matter. There are also exercises in writing appropriate retainer letters, in requesting material from the prosecution, in giving notice of challenge to the admissibility of confessions, notice of appeal and so on. This material will mostly have to be prepared prior to the teaching session and presented to the class and to the teacher. Assessment Assessment has two elements - an oral video recorded assessable exercise (a bail application) worth 30% of the marks and one written examination worth 70% which is a problem-solving exercise based on a real-life situation involving drafting a document such as a brief, an opinion or a memorandum to a partner about an issue/s in criminal litigation practice. Sessions Large Group Students attend a 1½ hours large group each week. The purpose of these is to consolidate students prior reading for that large group session. Some of the large group sessions will have exercises that require prior preparation (which must be done). Issues and questions raised in large group sessions will give points a practical meaning, context and emphasis. That emphasis will reflect, among other things, the importance of those points in practice. PCLL: Criminal Litigation Practice Form 2B (PLE5019 CRM Form 2B.Doc)

4 Programme Intended Learning Outcomes Contributed to. Rationale for Teaching/Learning method(s) Course Intended Learning Outcomes Small Group Students attend eleven 2 hour small groups. The small group sessions also require prior work. Before small group sessions, students are required to prepare for the exercises by consolidating their reading for large group sessions, with what was discussed and learnt in large group sessions, and then applying that to the different problems presented in small group sessions. Sometimes, as part of the preparation for small group sessions on this course, students will be required prepare and to hand in a (non-assessed) written piece of work to their small group tutor, either in advance of or during a small group session and then discuss it in the small group session. Small group sessions in this course will be highly participatory, whereby students put into practice that which they have learnt from their reading and corresponding large group session(s). Teaching and Learning Activities (TLAs) (Indicative of likely activities and tasks designed to facilitate students achievement of the CILOs. Final details will be provided to students in their first week of attendance in this course) CILO No. CILO 1-6 TLAs Teaching and learning will primarily involve: Lectures, in large groups Demonstrations, in large groups Discussions, in small groups Student performance based on real-life situations, in small groups Student drafting and writing based on real life situations, in small groups. Hours/week (if applicable) Assessment Tasks/Activities (Indicative of likely activities and tasks designed to assess how well the students achieve the CILOs. Final details will be provided to students in their first week of attendance in this course) CILO No. Type of Assessment Tasks/Activities Weighting (if applicable) Remarks CILO 2, 3, 6 Mid-term assessment (see below) 30% CILO 1, 4, 5, 6 Final examination (please see below) (see below) 70% PCLL: Criminal Litigation Practice Form 2B (PLE5019 CRM Form 2B.Doc)

5 Grading of Student Achievement: Set out below are the PCLL descriptors Course Indicative Grade Range PCLL Descriptors A- to A % Excellent The work meets the client s needs in all respects, evidenced by a superior grasp of the issues and subject matter good organization a capacity to analyze and synthesize possession of an extensive knowledge base a superior use of lawyer skills. B- to B % Good The work meets the client s needs in most respects, evidenced by a strong grasp of the issues and subject matter some critical and analytical ability an understanding of the applicable law and procedures a good use of lawyer skills. C & C % Pass The work meets the client s main needs, evidenced by an adequate grasp of the issues and subject matter an ability to develop solutions to the client s problems a basic use of lawyer skills. F 0 49% Fail The work does not meet the client s needs, evidenced by little or an insufficient grasp of the issues and subject matter critical and analytical ability understanding of the applicable law and procedures. The mid-term assessment will require 15 minutes of presentation before an experienced teacher; the final written examination will last for three hours. The Programme Leader reserves the right to vary the duration of either assessment. Part III Keyword Syllabus The conduct of criminal cases in the Magistrates' Court; District Court and High Court; police powers, process to compel appearance; formulation and amendment of charges; bail; transfers and committal proceedings; discovery; trial; juries; sentencing; costs; appeals. Detailed Syllabus The following topics will be studied: An overview of the criminal litigation system in Hong Kong File maintenance and initial instructions At the police station The first court appearance and bail application The identification parade and second and third Magistrates Court appearances First appearance in the District Court PCLL: Criminal Litigation Practice Form 2B (PLE5019 CRM Form 2B.Doc)

6 Preparation for trial The trial in the District Court Review in the Magistracy, appeals and bail pending appeal Expert witnesses Costs Recommended Reading Text(s) The Criminal Litigation Practice Deskbook Some Ordinances and Subsidiary legislation will need to be downloaded as well; this will be indicated in the Deskbook. Knight and Upham, Criminal Litigation (Legal Practice Manual) Second Edition, Thomson, Sweet & Maxwell 2005 reprint. Simon Young The Essential Statutes on HK Criminal Law and Procedure 2008/9 Lexis Nexis Useful for reminding about the basics: Amanda Whitfort Criminal Procedure in HK - A Guide for Students and Practitioners Lexis Nexis 2006 Online Resources Bilingual Laws Information System - Hong Kong Ordinances and Subsidiary Legislation ( Lexis and/or Westlaw - available through Electronic Resources section of the Run Run Shaw Library website Other Sources Andrew Bruce, S.C. Criminal Procedure Trial on Indictments Audrey Campbell-Moffat Magistrates Court Manual, Sweet & Maxwell Cross and Cheung Sentencing in Hong Kong, Butterworths PCLL: Criminal Litigation Practice Form 2B (PLE5019 CRM Form 2B.Doc)

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