Master of Laws in Criminal Law and Procedure

Purpose

The primary purpose of this Master's Degree is to educate and train learners to contribute to the development of knowledge at an advanced level in the field of Criminal Law and Procedure with a view to further preparing learners for specialised professional employment. This specialised field is not static, but is continuous in development, which necessitates that practicing legal professionals have the opportunity to further their training through advanced postgraduate study.

The qualification will empower learners to systematically and creatively solve complex problems in the field of criminal justice and in particular contribute to the fight against corruption. Learners will be able to demonstrate their ability to use legal practice conventions to convey analytical thinking and communicate conclusions.

Upon completion of the qualification the qualifying learner will be able to

• Identify, conceptualise, design and implement methods of inquiry to address complex and challenging practical and theoretical problems within the field of Criminal Law and Procedure using a wide range of specialised skills.
• Critically evaluate and apply the ethics, values, rules, norms and regulations pertaining to criminal law and procedure encapsulated in national and international documents.
• Use advanced information-retrieval and processing skills to identify, critically analyse and synthesise information relevant to complex and/or real-world problems, cases and issues in the field of criminal law and procedure.
• Develop own learning strategies, to sustain independent learning and academic or professional development.

Rationale

A need exists for academic deepening and broadening of professional experience for law graduates and practitioners in the field of Criminal Law and related fields. The Master of Laws (LLM) in Criminal Law and Procedure is the ideal qualification for legal persons to acquire and to apply professional expertise for the preparation of legal documents complying with the practice conventions instead of the traditional research dissertation, without detracting from a high level of theoretical engagement and intellectual independence.

Crime in general, and corruption in particular, are specific threats to the South African constitutional democracy and necessitate further specialisation in the field of criminal law and procedure. The modules for this qualification deal with fields that are relevant to address the above-mentioned problems.

This qualification serves as an academic qualification for careers in criminal justice, especially for prosecutors, candidate attorneys, attorneys, advocates, members of the judiciary, as well as prospective legal practitioners.

Recognition of Prior Learning (RPL)

The University and the Faculty of Law subscribe to the principles underlying outcomes-based, source-based and lifelong learning. In this context, considerations of mobility play an important role. The University endorses the view that Recognition of Prior Learning (RPL) constitutes an essential element of the transformation of access and admissions policies at education institutions in South Africa. The transformation of access and admissions policies is intended to increase participation and to broaden access to higher education in order to produce graduates with the skills and competencies necessary to meet the human resource needs of the country.

The Recognition of Prior Learning is concerned with the demonstrable knowledge and learning an applicant has acquired. At all times the question will be to assess the level of the competencies in the context of the Exit Level Outcomes of the qualification.

The University and Faculty acknowledge that the Recognition of Prior Learning must be conducted in a valid, reliable and equitable way and that it must take place in accordance with the terms of the University's policy on the Recognition of Prior Learning and in accordance with the relevant procedures laid down by the Faculty. In this specific qualification, experience in fieldwork and practical legal research in the field of criminal law and criminal procedure will be taken into consideration. Recognition and exemption of modules may be given in accordance with the provisions contained in the University's General Academic Rules.

Entry Requirements

In order to gain access to this qualification, an applicant is required to have

• A four year LLB Degree at NQF Level 8.

Or

• A three year Law Degree plus a related Honours Degree at NQF Level 8.

Or

• A Postgraduate diploma in a field of Criminal Law at NQF Level 8.

The qualification comprises compulsory modules at NQF Level 9, totalling 180 Credits.

Modules

• Research Project, 60 Credits.
• Criminal Law, 30 Credits.
• Law of Criminal Procedure, 30 Credits.
• Law of Evidence, 30 Credits.
• Combating Corruption, 30 Credits.

1. Identify, conceptualise, design and implement methods of inquiry to address complex and challenging practical and theoretical problems within the field of Criminal Law and Procedure using a wide range of specialised skills.
2. Critically evaluate and apply the ethics, values, rules, norms and regulations pertaining to criminal law and procedure encapsulated in national and international documents.
3. Use advanced information-retrieval and processing skills to identify, critically analyse and synthesise information relevant to complex and/or real-world problems, cases and issues in the field of criminal law and procedure.
4. Develop own learning strategies, which sustain independent learning and academic or professional development.

Associated Assessment Criteria for Exit Level Outcome 1

• Specialist knowledge of the field of criminal law and criminal procedure is applied to enable engagement with and critique of current research practices.
• Advanced scholarship and research in the field and practice of criminal law and criminal procedure is shown.
• Complex factual situations, problems and case studies pertaining to the South African Law of Criminal Procedure with reference to the applicable theory, principles, rules and case law are critically evaluated.
• Complex problems, issues or case studies in the field of South African Criminal Law and Procedure are identified and analysed.
• Research methods, theory, and legal principles are applied to debate or critique solutions to such problems.

Associated Assessment Criteria for Exit Level Outcome 2

• Problems are solved and legally sound advice is given based on relevant sets of facts.
• An ability to argue the solution with the use of the applicable legal principles and available authority is demonstrated.
• Contribution to the development of ethical standards in the practice of criminal law is given.

Associated Assessment Criteria for Exit Level Outcome 3

• The use of information technology for information-retrieval is planned and executed, analysed, identified and integrated.
• Applicable information and findings are communicated orally and in the form of an assignment or report adhering to the accepted legal conventions.
• A body of research work is compiled as a mini-dissertation/research report is developed and completed.
• Solutions from theoretical and research perspectives published in current literature are debated and the information is presented to specialist and non-specialist audiences using information technology effectively.
• Possible solutions based on theory-driven arguments are proposed using consistently the relevant modes of inquiry.
• Scholarly and critical reasoning skills are displayed.

Associated Assessment Criteria for Exit Level Outcome 4

• Own learning strategies are selected, justified and implemented during the preparation for assessments.
• Full responsibility for their own work is taken and the ability to account for leading and initiating processes and implementing systems, ensuring good resource management and governance practices is demonstrated and communicated.
• The academic and professional development is reflected upon by engaging with peers in various contexts.

Integrated Assessment

The modules are interdependent in the practice of Law. Throughout a number of different formative and summative assessment methods will be utilised, including verbal and electronic presentation, short research reports and the preparation of legal documents complying with practice conventions. The research project will require learners to research and solve an advanced problem to demonstrate that the achievement of the Exit Level Outcomes of the qualification.