Year
2024Credit points
10Campus offering
No unit offerings are currently available for this unit.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.
| Learning Outcome Number | Learning Outcome Description |
|---|---|
| LO1 | Describe the legal principles underpinning arrest and detention |
| LO2 | Evaluate the legality of arrests and detention having regard to diverse contemporary case studies |
| LO3 | Demonstrate understanding of the social context of arrest and detention |
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.
ACU Online
This unit uses an active learning approach to support students in the exploration of knowledge essential to the discipline. Students are provided with choice and variety in how they learn. Students are encouraged to contribute to asynchronous weekly discussions. Active learning opportunities provide students with opportunities to practice and apply their learning in situations similar to their future professions. Activities encourage students to bring their own examples to demonstrate understanding, application and engage constructively with their peers. Students receive regular and timely feedback on their learning, which includes information on their progress.
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:
- a short written answer task focused on the requisite content knowledge,
- a mid semester assignment involving the resolution of hypothetical problems in case-studies of arrest and detention, and
- 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
| Brief Description of Kind and Purpose of Assessment Tasks | Weighting | Learning Outcomes |
|---|---|---|
Short answer task: Requires students to demonstrate their ability to write a brief description of key terms in arrest and detention. | 20% | LO1, LO2 |
Mid-term exam: resolution of hypotheticals to determine the legality of arrest and detention. | 40% | LO2, LO3 |
Exam: One hypothetical situation requiring students to determine the legality of arrest and detention and one essay question inviting students to consider the social context within which an arrest, detention and bail are required. | 40% | LO2, LO3 |
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