LCRM211 - Arrest and Detention

Year

Credit points

Campus offering

Prerequisites

LAWS106 Criminal Law and Procedure

Unit rationale, description and aim

Law enforcement frequently involves a justifiable need to physically control people through arrest and detention. Knowing about and understanding the fundamental legal and procedural aspects surrounding these matters is necessary for anyone working in the field of criminology.

This unit is therefore concerned with the grounds upon which agents of the states physically control people, particularly in the context of investigating crime and laying charges. Focusing on case studies of encounters between police and individuals, students will first learn the fundamental legal and procedural aspects of arrest, and the grounds upon which people can be lawfully detained. Building on this, students will develop their understanding of the relevant rights and responsibilities in the common law, statutory law, and under relevant rights charters.

The aim of this unit is to help students develop the knowledge and understanding of the fundamental legal and procedural aspects of arrest, the grounds upon which people can be lawfully detained, and the social context of arrest and detention.

Learning outcomes

To successfully complete this unit you will be able to demonstrate you have achieved the learning outcomes (LO) detailed in the below table.

Each outcome is informed by a number of graduate capabilities (GC) to ensure your work in this, and every unit, is part of a larger goal of graduating from ACU with the attributes of insight, empathy, imagination and impact.

Explore the graduate capabilities.

On successful completion of this unit, students should be able to:

LO1 - Describe the legal principles underpinning arrest and detention (GA5, GA9)

LO2 - Evaluate the legality of arrests and detention having regard to diverse contemporary case studies (GA1, GA3, GA5, GA9)

LO3 - Demonstrate understanding of the social context of arrest and detention (GA1, GA3, GA5, GA9)

Graduate attributes

GA1 - Demonstrate respect for the dignity of each individual and for human diversity

GA3 - Apply ethical perspectives in informed decision making

GA5 - Demonstrate values, knowledge, skills and attitudes appropriate to the discipline and/or profession

GA9 - Demonstrate effective communication in oral and written English language and visual media

Content

Topics will include:

• The purpose of arrest and detention in policing.
• Jurisdictional issues.
• Arrest without a warrant.
• Arrest with a warrant.
• Methods of arrest.
• Use of force.
• Personal search.
• Behaviour on arrest.
• Police detention.
• Forms of preventive detention.
• Police bail.
• Court bail.

Learning and teaching strategy and rationale

Law enforcement frequently involves a justifiable need to physically control people through arrest and detention. Knowing about and understanding the fundamental legal and procedural aspects surrounding these matters is necessary for anyone working in the field of criminology.

This unit is therefore concerned with the grounds upon which agents of the states physically control people, particularly in the context of investigating crime and laying charges. Focusing on case studies of encounters between police and individuals, students will first learn the fundamental legal and procedural aspects of arrest, and the grounds upon which people can be lawfully detained. Building on this, students will develop their understanding of the relevant rights and responsibilities in the common law, statutory law, and under relevant rights charters.

The aim of this unit is to help students develop the knowledge and understanding of the fundamental legal and procedural aspects of arrest, the grounds upon which people can be lawfully detained, and the social context of arrest and detention.

The online learning platforms used in this unit provide multiple preparatory and practice opportunities to guide in-class and out-of-class study. Technology assistance in the form of online learning resources, notices, assessment information (including online submission, marking and return of results/feedback), is student focused, affording greater accessibility and flexibility to the learning experience. 

Assessment strategy and rationale

The assessment tasks in this unit comprise a strategy that is integrated with the temporal and developmental sequence presented in the learning and teaching strategy above. In this way it has been explicitly created to support achievement of, and determination of, the unit Learning Outcomes.

The assessment in this unit will ensure that students understand key concepts in arrest and detention, understand case studies from the field (including national and international examples), demonstrate critical analytical skills through the resolution of hypotheticals about arrest and detention, and appreciate the social context of arrest, detention and bail.

This unit will be assessed by three assignments: 

1. a short written answer task focused on the requisite content knowledge, 
2. a mid semester assignment involving the resolution of hypothetical problems in case-studies of arrest and detention, and
3. a final examination requiring a more extended analysis and resolution of a more detailed case study in which students have to show an understanding of the social context within which arrest, detention and bail are required.

Overview of assessments

Representative texts and references

Gans et al., Criminal Process and Human Rights, Federation Press, 2011.

Coughlan S & Luther G, Detention and Arrest, Carswell, 2019.

Arenson K & Bagaric M, Criminal processes and Investigative Procedures, 4th edition, 2018.

Engel R et al, The Power to Arrest: Lessons from Research (Springerbriefs in Criminology), 2019.

Wade S & Gibbon S, Comprehensive Guide To Arrest And Detention: Straightforward Crime Reference Series, 2020.

Weatherburn D, Arresting Incarceration: Pathways out of Indigenous Imprisonment, 2014.

White R, Perrone S & Howes L, Crime, Criminality and Criminal Justice, 3rd edition, 2019.

Devi B, Arrest, Detention, and Criminal Justice System: A Study in the Context of the Constitution of India, 2017.

Gans J et al, Criminal Process and Human Rights, 2011.

Rock F, Communicating Rights: The Language of Arrest and Detention, 2007.

The Local Court Bench Book