Criminal Investigation, Procedure and Sentencing

This unit together with Criminal Law satisfies the prescribed area of knowledge for Criminal Law and Procedure as set out in Schedule 1 Legal Profession Uniform Admission Rules 2015.



Criminal procedure refers to the law and practices of investigating and enforcing criminal law. Sentencing covers the sanctions imposed on offenders in enforcement. It covers: courts exercising criminal jurisdiction; classification of offences; search, seizure and forensic processes; police questioning; arrest; commencing criminal proceedings; bail; committal hearings; pleadings and plea negotiations; and, the criminal trial including the functions of judges and juries, prosecutors and defence lawyers. It also covers the legal framework for sentencing including: the sources of law; the principles of parsimony, proportionality, parity and totality; sentencing hearings; public and victim input; and, control of sentencing discretions. They are considered in the context of philosophical concepts and public policies balancing the community’s interest in the prevention of crime and protecting the liberties of the individual and in competing concepts of justice and the role of the legislative, executive, judicial branches of government.