This is an elective course within the Diploma in Professional Legal Practice Programme. It is a highly practical course constructed to follow on from the core criminal litigation course. It is designed to equip students with advanced knowledge, understanding and competence in the following key areas of criminal litigation practice: the case analysis of and preparation for summary trials, including summary trials with co-accused; the case analysis of and preparation for a simple sheriff and jury trial; the examination and cross-examination of witnesses; taking an objection to the admissibility of evidence; making a submission of no case to answer; the use of previous statements in the examination and cross-examination of witnesses; the role of the defence solicitor at traditional and VIPER identification parades; the leading and challenging evidence of identification; sentencing issues in road traffic cases including special reasons and exceptional hardship; sentencing issues generally; appeals against sentences imposed in summary and solemn proceedings.

10x1 hour lectures

9x2 hour tutorials

1x3 hour tutorials /summative assessment exercises in taking an objection and in making a special reasons plea

None

None

Assessment

1. Tutorial preparation, participation and performance (30%)

2. S160 Submission (35%)

3. Discretionary Disqualification Plea (35%)

Not available for reassessment

1 Tutorial preparation, participation and performance (30%):

Reassessments are normally available for all courses, except those which contribute to the Honours classification. For non Honours courses, students are offered reassessment in all or any of the components of assessment if the satisfactory (threshold) grade for the overall course is not achieved at the first attempt. This is normally grade D3 for undergraduate students and grade C3 for postgraduate students. Exceptionally it may not be possible to offer reassessment of some coursework items, in which case the mark achieved at the first attempt will be counted towards the final course grade. Any such exceptions for this course are described below. 

The aims of the course are:

1.To enhance the knowledge and understanding gained by students from the Core Criminal Litigation course

  2. To develop advanced knowledge and understanding of:

1. the obligations and duties of a solicitor to her/his client and to the court; the ethical principles and rules governing solicitors; the Law Society's Code of Conduct for Criminal Work;

2. the pre-trial case analysis and preparation for summary trial in the district and sheriff court; examination and cross-examination of witnesses

3. the pre-trial case analysis and preparation for a simple jury trial in the sheriff court;

4. the examination and cross-examination of witnesses;

5. taking an objection to the admissibility of evidence irregularly obtained in the course of a search and in the course of a police interview of a suspect;

6. making a submission of no case to answer;

7. using previous statements in the examination and cross-examination of witnesses;

8. the role of the defence solicitor at traditional and VIPER identification parades;

9. the leading and challenging of identification evidence;

10. sentencing issues in road traffic cases including special reasons and exceptional hardship;

11. sentencing issues generally;

By the end of this course students will be able to demonstrate knowledge and understanding of: 

1. 1the obligations and duties of a solicitor to her/his client and to the court; the ethical principles and rules governing solicitors; the Law Society's Code of Conduct for Criminal Work;

2. the pre-trial case analysis and preparation for summary trial in the district and sheriff court; examination and cross-examination of witnesses

3. the pre-trial case analysis and preparation for a simple jury trial in the sheriff court;

4. the examination and cross-examination of witnesses;

5. taking an objection to the admissibility of evidence irregularly obtained in the course of a search and in the course of a police interview of a suspect;

6. making a submission of no case to answer;

7. using previous statements in the examination and cross-examination of witnesses;

8. sentencing issues in road traffic cases including special reasons and exceptional hardship;

9. sentencing issues generally;

Attendance at tutorials is compulsory. Credit will be refused if a student fails to attend a tutorial without good cause.

The requirements for the award of the Diploma in Professional Legal Practice is 120 credits

a) candidates to achieve a grade D or better in all courses

b) candidates to achieve a grade D or better in each component part of each course