Gwybodaeth Modiwlau

Module Identifier
LPM0610
Module Title
Advanced Criminal Advocacy
Academic Year
2019/2020
Co-ordinator
Semester
Intended for use in future years
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Other Staff

Course Delivery

 

Assessment

Assessment Type Assessment length / details Proportion
Semester Assessment 3 Hours   100%
Supplementary Assessment 3 Hours   RESIT  100%

Learning Outcomes

On successful completion of this module students should be able to:

1. Construct and draft written submissions and other legal documents in the context of criminal litigation through the medium of Welsh

2. Deliver oral presentations of those arguments through the medium of Welsh

3. Deal with witnesses, in chief, by way of cross-examination, and re-examination in Welsh.

4. Demonstrate an understanding of the role of terminology, and be able to exercise judgment in selecting appropriate Welsh legal terminology.

5. Interpret and explain law and procedure through the medium of Welsh

6. Respond appropriately to judicial intervention in the Welsh language

7. Demonstrate further development in the understanding of criminal litigation having regard to the practical difficulties that face the bilingual practitioner

8. Be aware of rules regarding disclosure of documentation.

9. Demonstrate an understanding of the distinction between various types of damages

10. Demonstrate an understanding of the procedures for dealing with child settlements.

11. In the case of Clinical Negligence, be aware of complaints procedures and disciplinary procedures of health care providers.

12. Be aware of rules relating to fatal accident claims.

Aims

The Elective modules of the PGDip Legal Practice (LPC) enable students to create a package of specialities which fit their interests and the sort of solicitors? practice they wish to enter. Eiriolaeth yn y Llysoedd Troseddol (Advanced Criminal Litigation) delivers this in the context of Advanced Criminal Litigation. It is part of the Legal Wales initiative and will be taught entirely in Welsh. It offers the ability to link with a similar module running at the University of Wales, Swansea, and to use the video link between the two universities. The module has received the support of the legal profession and the bench. A number of Welsh speaking judges have expressed a readiness to support the project in an active way.
The aim is to promote the idea that conducting business through the Welsh Language should be a normal aspect of life in the courts in Wales. The University has a key role to play in developing such courses and in the training of students who will be qualified lawyers and thereby key players involved in the administration of justice.

Brief description

Building on the criminal litigation parts of LPM0325, the module will:
  • develop advocacy skills in the Welsh Language within the Criminal Courts having regard to the Court Service Welsh Language Scheme and the Welsh Language Act 1993
  • further develop the understanding of criminal litigation having regard to the practical difficulties that face the bilingual practitioner, and ways of seeking solutions to those problems.

Content

1. General advocacy points ? examination of witnesses, addresses to Courts, evidential points revised (in outline)

2. Students will consider a series of case studies, and they will be expected to work on these cases, presenting various oral and written arguments in accordance with their instructions. They will be using these to examine the course of criminal litigation through the courts and present oral submissions in the Welsh language.

3. Bail, directions and preliminary hearings. The Welsh Language Act 1993 and the rights of the Welsh speaker; Human Rights Act 1998 issues; giving appropriate notices to the Court; terminology and the Bail Act

4. Advising on plea (1). Explaining technical terms to the Welsh speaker; advising on the evidence; use of 'rlain Welsh?.
Advising on plea (2). Explaining technical terms to the Welsh speaker; advising on the evidence; use of 'rlain Welsh?.

5. Examination in chief (1). Questioning techniques through the medium of Welsh; coming up to proof; the evasive or hostile witness; effective advocacy in Welsh.
Examination in chief (2). Questioning techniques through the medium of Welsh; coming up to proof; the evasive or hostile witness; effective advocacy in Welsh.

6. Cross examination and re-examination (1). Putting the case; exploring inconsistencies and the use of previous inconsistent statements; undermining the evidence; questioning for clarification; effective advocacy in Welsh .

7. Cross examination and re-examination (2). Putting the case; exploring inconsistencies and the use of previous inconsistent statements; undermining the evidence; questioning for clarification; effective advocacy in Welsh

8. Plea in mitigation (1). Analyzing mitigation; identifying mitigating features and the sentencing framework

9. Plea in mitigation (2). Analyzing mitigation; identifying mitigating features and the sentencing framework

10. Advising on sentences and appeals (1). Researching sentencing law; application of the tariff; avenues of appeal; drafting grounds of appeal in Welsh.

11. Advising on sentences and appeals (2). Researching sentencing law; application of the tariff; avenues of appeal; drafting grounds of appeal in Welsh.

Notes

This module is at CQFW Level 7