Ls1020%20Course%20Handbook%2019 PDF

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UNIVERSITY OF ABERDEEN SESSION 2019-2020

SCHOOL OF LAW

CRIMINAL LAW (LS1020)

General Information Course Title/Code Credit Rating

The title of this course is Criminal Law. The course code is LS1020.

This course carries 15 credit points.

The course is open to LLB, MA Legal Studies and Erasmus students only. There are no other entry prerequisites to be met. A pass in Criminal Law is compulsory for entry to the Diploma in Professional Legal Practice (DPLP). The Diploma is a pre-requisite to practice as a solicitor or advocate in Scotland. Students should note their mark in the first sitting of the degree examination of Criminal Law, together with the marks at first sitting in the other subjects that are compulsory for entry into the Diploma, is the primary criterion for allocation of Diploma places. The University expects five credit points to involve around 36-40 hours of work over the course of a teaching term. Accordingly, a fifteen-credit point course involves around 108 -120 hours of work in the term, or 9 -10 hours per week. Only around a third of this time will be spent in class. A further proportion will be spent doing the assigned reading for tutorials and revising for the practice exam. You should, however, expect to spend a considerable amount of time undertaking private study. The examiners will expect you to show evidence of this in the degree exam. The course is supported by the MyAberdeen site which can be accessed by logging in with your University username and password at http://www.abdn.ac.uk/myaberdeen Please note that if you are taking this course as part of the LLB Law with English Law or associated variant, and if you are found to have committed academic misconduct, this will be reported to the English regulator. Such findings can also have professional implications for students on other degrees.

Course Team and Examiners Course Co-ordinator:

Dr Susan Stokeld D52 Taylor Building, tel. 01224 274062 [email protected]

Lecturers:

Dr Susan Stokeld Dr Isla Callander Room C46C Taylor Building [email protected]

Tutors:

Dr Susan Stokeld Dr Ilona Cairns Professor Peter Duff

External Examiner

Ms Val Bremner Robert Gordon University

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MyTimetable Students will be able to access MyTimetable once they have completed their registration of courses through MyCurriculum Students' Infohub | The University of Aberdeen Students requiring assistance with their course selections should see the Duty Registry Officer in the InfoHub. Students requiring assistance because of timetable issues with a course should contact the relevant School. Lectures Monday Tuesday Thursday

11.00 a.m. – 12 noon 11.00 a.m. – 12 noon 11.00 a.m. – 12 noon

Fraser Noble 1 [FN1] New Kings 6 [NK6] Fraser Noble 1 [FN1]

All lectures will be recorded and will be released after lectures for revision purposes on the relevant MyAberdeen course pages. Note these recordings are a revision aid and not a substitute for lecture attendance.

Tutorials To allow time for essential reading to be done, tutorials commence in the week beginning Monday 23rd September 2019 (the third teaching week of the session). From that week onwards, you will attend one tutorial per fortnight. Tutorial dates are as follows: TUTORIAL 1 Weeks commencing

23rd and 30th September

TUTORIAL 2 Weeks commencing

7th and 14th October

TUTORIAL 3 Weeks commencing

21st and 28th October

TUTORIAL 4 Weeks commencing

4th and 11th November

Attendance You are reminded that you are obliged to take responsibility for attending ALL of your scheduled learning sessions, you can find them by consulting MyTimetable. This course has 4 or more scheduled sessions therefore we will treat the first missed session as meriting a warning we will treat the first missed session as meriting a warning that a C6 will be applied if a second session is missed You should also note that if you receive a C6 which is later lifted by the Law Monitoring Team, ANY FURTHER ABSENCE WILL RESULT IN AN AUTOMATIC C7 FOR THAT COURSE. This automatic C7 reflects the assumption that by missing yet another scheduled session you will not be capable of meeting the learning outcomes of the given course. Please refer to the Information for Law Students handout, this can be found on MyAberdeen – Levels 1-4.

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Tutorial group alterations The changing of tutorial groups should not be done except in exceptional circumstances and never without the relevant permissions. If you must change your tutorial group, you must go to the Law School Reception to make this change. Please note: Failure to attend compulsory components of a course may lead to the loss of a class certificate, for further details please see section 4.7 of the Information for Law Students Guide. Class Certificates If you attend and complete the work required for a course, you will be considered to have been awarded a ‘Class Certificate’. Being in possession of a valid Class Certificate for a course entitles you to sit the examination(s) for that course. For level 1-3 courses class certificates are valid for two years and permit a total of three attempts at the required assessment within the two-year period i.e. the first attempt plus up to two re-sits. Through non-attendance or a failure to submit coursework, it is possible to lose your class certificate and therefore, your right to sit an exam. Although it is possible to appeal Appeals and Complaints | Students' Infohub | The University of Aberdeen against the loss of a class certificate, an appeal will be unsuccessful if the intended learning outcomes of a course can no longer be met, as may be the case if classes have been missed. It is important to remember, in other words, that there is more to completing a course than passing an exam or completing an assessment. Further information on the attendance requirements for your programme/course Institution Content: Policies – Blackboard Learn Practice Examination A compulsory half-hour Practice Examination will be held on Monday 4th November 2019 during the normal lecture hour for that day. This will consist of a degree-level question. Scripts will be assessed and returned to candidates via the pigeonholes in the main Law School corridor. These will be graded according to the Common Grading Scale. The Common Grading Scale in full, with associated detailed descriptors, is available at: www.abdn.ac.uk/staffnet/teaching/common-grading-scale-2840.php Candidates who appear to be under-performing may be requested to attend a meeting with the course coordinator. Erasmus students may consult non-electronic language dictionaries, but no other books, notes or any other such materials may be taken into the examination. This is a compulsory examination and forms part of the work of the course. Failure (without reasonable excuse) to sit this examination will constitute failure to complete the work of the course. Examinable material will include all lecture and tutorial work up to the date of the exam. In exams please write legibly in ink. Marks may be deducted for handwriting which is not easily legible. Note there will be no lectures for LS1020 in week 25 [04/11/19 – 07/11/19] to accommodate the practice exams taking place during that week. Students will be expected to maximize this time to study and prepare in advance of these exams Feedback Feedback should normally be provided within a maximum of three working weeks (following the practice exam and no later than 26th November 2019. If students would like further feedback on assessment or exam performance, they may contact the course coordinator to arrange an individual appointment. This option is open to all students, regardless of whether they have passed or failed the assessment or exam. 4

Degree Examination A two-hour final examination will be held in December 2019. This will be a degree examination. A paper containing six questions will be set, and candidates must attempt to answer three of those questions. The basis of assessment will be the Common Grading Scale. The exact date and venue for the final examination will be announced later in the term. No notes or books or any other such materials will be permitted to be taken into this examination. All of the areas of criminal law, which are covered in the lectures and tutorials, will be examinable. Erasmus students are permitted to consult non-electronic language dictionaries. The use of unauthorised materials in exams is a University disciplinary offence. In exams please write legibly in ink. easily legible.

Marks may be deducted for handwriting which is not

Revision Class A revision meeting will be held on 26th November before the degree exam diet. Class Prizes Marks in this course are taken into account in awarding the following prizes: •

•

•

David Lessels Prize (MA Legal Studies): [Best overall performance on MA Legal Studies programme in the combined first year classes of Contract; Criminal Law and Legal System] Greens Prize; [Best overall performance in the combined first year classes of Foundations of Private Law, Legal System, Criminal Law, UK Constitutional Law, Contract and Delict] James Craig Howie Memorial Prize: (Best overall performance in the combined first year classes of Criminal Law, Contracts and Legal System]

Assessment and the Introduction of the Common Grading Scale The Common Grading Scale in full, with associated detailed descriptors, is available at: Common Grading Scale (CGS) | StaffNet | The University of Aberdeen Common Grading Scale (CGS) | Students' Infohub | The University of Aberdeen Re-sits Students who fail, or who fail to attend or complete, a course for whatever reason and who wish to be awarded credit for the relevant course will be required to re-sit at the next available diet In order to be eligible to take a re-sit, a candidate must hold a valid class certificate. The validity of a class certificate is limited to the academic year in which it is awarded and to the academic year immediately following. Students holding a valid class certificate are normally permitted a total of three opportunities of assessment within this period.

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Administrative Information Institutional Policies Students are asked to make themselves familiar with the information on key institutional policies which been made available within MyAberdeen – Institutional Policies. These policies are relevant to all students and will be useful to you throughout your studies. They contain important information and address issues such as what to do if you are absent, how to raise an appeal or a complaint and indicate how seriously the University takes your feedback. These institutional policies should be read in conjunction with this programme and/or course handbook, in which School and College specific policies are detailed. Further information can be found on the University¹s Infohub webpage or by visiting the Infohub. The information included in the institutional area for 2019/20 includes the following: · · · · · · · · · ·

Absence Appeals & Complaints Student Discipline Class Certificates MyAberdeen Originality Checking Feedback Communication Graduate Attributes The Co-Curriculum

Law School Policies Information on Law School Policies can be found in The Information for Law Students Guide 2019-2020. This includes information concerning class performance and refusal of class certificates, class representatives, evaluation forms, School’s Code of Practice on Continuous Assessment and Submission of Assignments. Pastoral Support/Academic Difficulty: if you are experiencing difficulties with the course you should contact your tutor or the course organiser. You should also consider contacting your personal tutor. Ideally, such matters should be engaged with as soon as possible.

Academic Content Statement of Aims and Intended Learning Outcomes (1) Aims of the Course The course aims to provide students with a knowledge and understanding of the key areas of Scottish Criminal Law, including the anatomy of a criminal offence, offences against the person, sexual offences, offences against property and interests, inchoate offences, art and part guilt and general defences to crime.

(2) Intended Learning Outcomes By the end of the course the students should be able to do the following: 6

a) Knowledge and understanding Differentiate between and use appropriate primary and secondary sources and identify and retrieve up-to-date legal information by using paper and electronic sources by using: • sources that are up-to-date from paper and electronic repositories • sources (primary and secondary) that are appropriate to the context • recognised methods of citation and reference • sources that are current at point of assessment • sources to support arguments and conclusions b) Acquired skills Recognise, analyse and rank arguments and evidence in terms of relevance and importance by: • managing volume of legal sources and select key material to construct written or oral answers to a problem, and • identifying the legal problem from information provided • addressing ranking of sources and relative impact in context • bringing together and integrating info and materials from a variety of different sources • acknowledging ranking of sources and relative impact in context • application of the law and problem-solving in a legal context • presenting arguments for and against propositions In addition, students should also be: i. aware arguments require to be supported by evidence in order to meet legal requirements of proof and show awareness of the need for evidence to support arguments ii. able to apply knowledge and analysis in a legal context iii. think critically and make critical judgements on the relative and absolute merits of particular arguments and solutions iv. reflect on own learning and to seek and make use of feedback v. communicate orally and in writing (and electronically where appropriate) using English language by creating work in a permanent format that is understandable by the intended audience vi. Use language proficiently in relation to legal matters by: a) using appropriate legal terminology in all matters b) using recognised methods of citation and reference vii. communicate information (including discussing technical and complex legal materials), ideas, advice and choices in an effective manner appropriate to the context, individually or with others, by: a) listening and questioning effectively b) giving and receiving feedback and responding effectively to others c) ensuring all communications are succinct without losing focus on key issues or information d) communicating in plain English, with legal terminology only as needed viii. demonstrate an ability to organise and prioritise effectively the expenditure of time and effort in the performance of all aspects of student work ix. produce and present in an appropriate form a word-processed essay or other appropriate format

Reading The recommended text book for the course is Jones & I. Taggart, "Criminal Law", (W. Green, 7th edition 2018).

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Further Suggested Reading 1. P. R Ferguson & C.McDiarmid “Scots Criminal Law”, (Edinburgh University Press, 2 nd ed. 2014) 2. C McDiarmid, “Scottish Criminal Law Essentials”, (Edinburgh University Press, 3rd ed. 2018) 3. A.Cubie “Scots Criminal Law”, (Bloomsbury Professional, 4 th ed. 2016). A limited number of copies of each book will be available in the Heavy Demand section of the Taylor Library. You should not expect to be able to rely solely on library copies, particularly given the large number of students taking this course. Throughout the course students will be referred to cases and statues for additional reading. Whilst it is not expected that students should read every case cited it is important that students study the details of a number of cases to better understand the principles and application of the law. Citations for cases will be given in the lectures and these can be used to source the case law via Westlaw or Lexis both of which can be accessed via the library online data bases https://www.abdn.ac.uk/library/collections/subjects-az/law/e-dbases/

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Date

Topic

Staff

1

09/09/19

Introductory Lecture

SS

2

10/09/19

SS

3

12/09/19

4

16/09/19

Definition of a Crime and Sources of Criminal Law Legal Precedents and the Scottish Criminal Courts The Anatomy of a Crime

5

17/09/19

Actus Reus

SS

6

19/09/19

Actus Reus continued

SS

7

23/09/19

Mens Rea

SS

8

24/09/19

9

26/09/19

Criminal Liability: Common Law and SS Statutory Causation SS

SS SS

Recap: Understanding the Criminal Act 10

30/09/19

Inchoate Offences

SS

11

01/10/19

Breach of the Peace and Stalking

SS

12

03/10/19

Mobbing & Rioting; Offensive Weapons

SS

13

07/10/19

Hate Crimes

SS

Recap: Public Order Offences 14

08/10/19

Assault

SS

15

10/10/19

Homicide

SS

16

14/10/19

Homicide continued

SS

17

15/10/19

Culpable and Reckless Conduct

SS

18

17/10/19

Domestic Abuse & Coercive Control

SS

Recap: Offences against a Person 19

21/10/19

Sexual Offences

IC

20

22/10/19

Sexual Offences continued

IC

21

24/10/19

Public Indecency

IC

Recap: Sexual Offences 22

28/10/19

Theft and Reset

SS

23

29/10/19

Aggravated Theft and Robbery

SS

24

31/10/19

Malicious Mischief and Vandalism

SS

Recap: Offences against Property 25

04/11/19

Practice Examination

SS

26

05/11/19

No Class

SS

27

07/11/19

No Class

SS

28

11/11/19

Embezzlement; Extortion

SS

29

12/11/19

Fraud: Forgery & Uttering

SS

9

30

14/11/19

Defences

IC

31

18/11/19

Defences

IC

32

19/11/19

Defences

IC

Recap: Defences 33

21/11/19

Art and Part Liability

SS

34

26/11/19

Revision Class

SS

Note recap sessions have been built into the course schedule. These will be a short overview of the topics covered in the preceding lectures and will be included in the lecture time on the allocated date.

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Week 1

9th 10th & 12th September

Lecture 1

9th September

11.00 a.m.

FN1

Lecture 2

10th September

11.00 a.m.

NK6

Lecture 3

12th September

11.00 a.m.

FN1

I...