University of the West of England, Bristol
SUBJECT SPECIFICATION
Code: UJXU56-20-3 Title: Criminal Law Version: 2
Level: 3 UWE credit rating: 20 credits ECTS credit rating: 10 credits
Subject type: Non MAR subject (but standard module equivalent)
Owning Faculty: Social Sciences and Humanities
Valid from: September 2008
Pre-requisites: None
Co-requisites: all other Foundation subjects, the other (8th) area of legal study (Independent Research Project) and English Legal System
Excluded combinations: None
Learning outcomes
By the end of the subject, a student will be able to demonstrate:
Knowledge and understanding:
• a knowledge and understanding of the extent, scope and limitations of the general principles of liability in criminal law
• an appreciation of the underlying policy issues which underpin the criminal law
• an understanding of the difference between criminal law ‘in the books’ and criminal law in action
• an understanding of the meaning of the burden of proof, standard of proof and their importance in relation to criminal trials
• a realisation of the impact of the European Convention of Human Rights and the Human Rights Act 1998 on the substantive criminal law
Intellectual Skills
• an ability to apply legal concepts and principles to practical situations
• skills of analysis and synthesis
• an ability critically to evaluate existing law
• the ability to make reasoned proposals for reform of this area of law, or to justify the retention of current law
The above learning outcomes are developed by means of lectures, discussion in seminars, workshop activities, and by the student’s individual study of the subject. They are assessed by any coursework which is part of the assessment schedule in any given academic year, and in the examination. Formative assessment will follow from completion of voluntary written work and the informal end of session test.
Subject/Practical Skills
• (developing) skills in independent research and in legal method
• in library use – finding primary and secondary sources
• use of electronic sources, in particular legal databases
• the ability to present a reasoned argument, orally and in writing
• problem solving skills in the context of criminal law
• analysing text - in case law, statute, and academic writing
The skills under this heading are developed by practical experience of research in the criminal law field, by seminar and workshop participation, and in preparation for them. The testing of these skills takes place in the examination, and, as far as research skills are concerned, most particularly in any assessed coursework which is part of the assessment schedule in any given academic year, which requires a student to demonstrate individual research skills in an area of the course. The coursework task will be a sustained piece of legal writing which will involve the presentation of a coherent argument in problem solving, critique or essay form – or a mixture of these.
Transferable Skills
• ability to work independently
• team working
• study management skills
• communication – various modes- electronic, written, oral
• persuasive skills
• use of information technology
• using and processing information
The teaching methods adopted are designed to develop transferable skills as set out above. The preparation that expected before lectures and workshop activities involves the student in managing his/her own workload, and in conducting research independently. The demands of any coursework (which is part of the assessment schedule in any given academic year) preparation and presentation also have to be met in all subjects, so successful completion of the course requires a student to have achieved significant workload management skills. The use of information technology in preparation for workshops and lectures should lead to information technology awareness and skill development, and any coursework is expected to be produced in a word processed format. Seminar participation involves communication and persuasive skill development, and team working on occasion. Workshop activity requires both individual and team work in small group analysis, discussion and feedback to the whole group. Skills of communication and powers of persuasion are enhanced by this experience. Any coursework tasks and the examination lead to the exercise and development of the transferable skills as well as the subject specific skills.
SYLLABUS
1. THE NATURE OF THE CRIMINAL LAW
2. THE ELEMENTS OF A CRIMINAL OFFENCE: Actus Reus; Mens Rea.
3. STRICT LIABILITY
4. VICARIOUS AND CORPORATE LIABILITY
5. OFFENCES AGAINST THE PERSON
a. Unlawful Homicide - Murder; Manslaughter; Child Destruction; Suicide.
b. Assault and Battery: Offences Against the Person Act 1861.
c. Rape and Unlawful Sexual Intercourse.
6. THE GENERAL DEFENCES: - Insanity; Automatism; Diminished Responsibility; Drunkenness; Duress; Necessity; Mistake; Self Defence.
7. MODES OF PARTICIPATION: - Counselling; Procuring; Aiding and Abetting; Impeding; Concealing.
8. THE INCHOATE OFFENCES: - Conspiracy; Attempt; Incitement.
9. OFFENCES AGAINST PROPERTY: - Criminal Damage; Theft, Robbery; Burglary; Deception; Blackmail; Handling Stolen Goods; Taking a Conveyance; Going Equipped.
Teaching and learning methods:
The aims of the subject are to enable the student to understand and critically analyse the general principles of criminal law. Formal lectures are a small part of the subject, the emphasis being on student learning through preparation and participation in workshop and seminar discussion. Seminar and workshop interaction between students and staff makes for a very participative subject, and students are encouraged to become independent learners from the beginning.
Class contact
Full Time CPE
The basic class contact pattern on the course for Criminal Law is as follows:
1 hour per week plenary session in lecture room
1 hour per week seminar discussion (max 12 students per seminar)
2 hours per week workshop sessions (ie 3 seminar groups combined) for purposes of interactive consideration of practical tasks and discussion of current syllabus topic)
In any given academic year, there will normally be
• 15 lectures, including one or two introductory lectures and one or two revision lectures;
• 12 workshops, including an opportunity to undertake a ‘winter test’ (being a formative examination exercise) and a revision workshop; and
• 12 seminars (including one cycle of revision seminars)
Consequently, in any academic year, there will normally be 51 hours of contact time for each student.
Part Time CPE
In any academic year, the basic class contact for the subject is normally as follows:
At the September Induction residential session:
• 1 hour introductory lecture (whole cohort)
At each of the first for four subsequent residential sessions:
• 2 hours plenary session (whole cohort)
• 2 hours seminar sessions (max of 12 students per seminar group)
At the final residential session of the academic year:
• 4 hours plenary sessions (whole group)
Consequently, in any academic year, there will normally be 21 hours of contact time for each student.
Assessment
Assessment in any given academic year takes the form of either:
(a) Coursework and Examination
(i) An unseen examination of two and a half hours duration at the end of the Teaching Block. Students will be required to answer no more than three questions from a minimum of six questions. Students are permitted to take their own, unannotated copy of the relevant statute book in the examination. The examination requires students to adapt their knowledge and demonstrate their understanding of the law in relation to novel situations and under time constraint; and
(ii) a coursework task set on a syllabus topic requiring students to demonstrate their ability to research a topic and to produce an appropriate response to the task set. For example, this may take the form of a critical analysis of the syllabus topic, an evaluative response to proposed reforms of the law in that context; advice to a hypothetical client based on a factual scenario provided by the tutor; the draft of a short scholarly article or conference paper etc.
OR
(b) Examination only
An unseen examination of three and a half hours duration at the end of the Teaching Block. Students will be required to answer four questions from a choice of eight questions. Students are permitted to take their own, unannotated copy of the relevant statute book in the examination. The examination requires students to adapt their knowledge and demonstrate their understanding of the law in relation to novel situations and under time constraint.
All students are provided with a voluntary opportunity to sit a test paper before the formal and summative assessment by examination takes place.
Reading strategy:
At the start of the academic year, each student will be provided with some core published materials for the subject, being a text book; a book of cases and materials, and a book of legislation (see below: Indicative Sources).
Any essential reading will be indicated clearly to students (normally by a combination of Topic Outlines; workshop / plenary instructions and seminar instructions). Essential reading for a particular topic or class will normally be a combination of parts of the core material provided to students and / or other specific references that students will need to access for themselves (eg case reports, journal articles, Law Commission reports, etc).
If further reading is expected, this will be indicated clearly to students (normally by a combination of Topic Outlines; workshop / plenary instructions and seminar instructions).
Students will be encouraged to make full use of the printed and electronic resources available to them through membership of the University (for the purposes of both class contact preparation and research in preparation for coursework and examination assessments). These include (amongst other things) a range of printed case reports, legislation, texts and journals, as well as a range of electronic journals and a wide variety of resources available through web sites and information gateways (including online study and legal research sites provided by the Law Library). The University Library’s web pages provide access to subject relevant resources and services, and to the library catalogue. Many resources can be accessed remotely. Students will be presented with opportunities within the curriculum to develop their information retrieval and evaluation skills in order to identify relevant resources effectively.
Indicative sources:
Each year the subject team will determine which texts are to be purchased for the individual use of the students studying this subject. The selection may vary from one year to another but will usually comprise, as a minimum, one student textbook appropriate in style for the intensive nature of the course; one casebook and one volume of selected statutes. In addition students will be referred to the range of materials in the Bolland Library and they will be expected to fully utilise the variety of legal journals available both in hard copy and electronically, as part of their research for coursework in the Foundation subjects.
By way of illustration, in the 2007/2008 academic year, the texts provided to students will be:
“Criminal Law Textbook” 2nd edition, Heaton, Oxford 2006
“Cases and Materials on Criminal Law” 5th edition, Dine Gobert & Wilson, Oxford 2006
“Statutes on Criminal Law” 17th edition, Glazebrook, Oxford 2007
Assessment
Criminal Law is taught and examined at the same stage of the Diploma as Obligations I (Contract) and Obligations II (Tort). In any given academic year, there will be a coursework in two of these three subjects. Consequently, in two of each three year cycle, there will be assessed coursework in Criminal Law. In every academic year, there will be an unseen examination in each of the three subjects.
Weighting between components A and B
In an academic year in which there is an assessed coursework
A: 75% B: 25%
In an academic year in which there is no assessed coursework
A: 100%
First attempt within CPE Regulations
In an academic year in which there is an assessed coursework
Component A
1 Unseen examination of two and a half hours duration. Students are permitted to take their own, unannotated, copy of the relevant statute book into the examination.
Component B
1 Coursework task
In an academic year in which there is no assessed coursework
Component A
1 Unseen examination of three and a half hours duration. Students are permitted to take their own, unannotated, copy of the relevant statute book into the examination.
Second attempt within CPE Regulations
(further attendance at taught classes is not required)
In an academic year in which there is an assessed coursework
Component A
1 Unseen examination of two and a half hours duration. Students are permitted to take their own, unannotated copy of the relevant statute book into the examination
Component B
1 Coursework task
In an academic year in which there is no assessed coursework
Component A
1 Unseen examination of three and a half hours duration. Students are permitted to take their own, unannotated, copy of the relevant statute book into the examination.
Third and last attempt within CPE Regulations
Attendance at taught classes is not required.
In an academic year in which there is an assessed coursework
Component A
1 Unseen examination of two and a half hours duration. Students are permitted to take their own, unannotated copy of the relevant statute book into the examination
Component B
1 Coursework task
In an academic year in which there is no assessed coursework
Component A
1 Unseen examination of three and a half hours duration. Students are permitted to take their own, unannotated copy of the relevant statute book into the examination
Specification confirmed by ………………………………Date ……………………………
(Head of Department / Programme Director)