Postgraduate Diploma: Criminal and Procedural Law

Purpose

The purpose of the qualification is for learners to acquire advanced knowledge, specific skills and applied competence in a number of legal fields relating to Criminal and Procedural Law, for continued personal intellectual growth, gainful economic activity, and valuable contributions to society.

The Postgraduate Diploma: Criminal and Procedural Law is offered to provide comprehensive criminal and procedural legal training courses to empower learners by strengthening their knowledge in Criminal Law and Criminal Procedure. It will further enable working professionals to undertake advanced development by means of a systematic survey of current thinking, practice and research methods in criminal and procedural law.

This qualification demands a high level of theoretical engagement and intellectual independence. It is focused on the acquisition of practical knowledge and will accommodate learners who are not able to, nor wish to, complete the research component of a Master of Laws (LLM) Degree.

Because crime is both a national and international issue, academic institutions must be creative and active in nourishing social, political and economic transformation, by creating new qualifications to build knowledge and infrastructure in order to maintain the highest possible standards in the education of practitioners with regard to the legal aspects of Criminal Law and Criminal Procedure. The Postgraduate Diploma allows learners who have completed a Bachelor of Laws (LLB), Bachelor of Arts (Law) Bachelor of Commerce (Law), Bachelor of Arts (Police Science) and Bachelor of Arts (Forensic Investigation) Degree to obtain a Postgraduate qualification in Criminal Law and Criminal Procedure.

Rationale

During the years that the LLM Degree has been in existence, a need has arisen for a different type of qualification dealing with similar topics covered in the LLM Degree. A Postgraduate Diploma is the ideal choice: not only will such a qualification be open to learners with Bachelor Degrees from other disciplines, but it will also enable learners to acquire the relevant expertise and knowledge without having to comply with the requirement of submitting a dissertation (as is the case in the LLM Degree). This qualification aims to generate a high turnover of graduates, thereby contributing to the necessary critical mass of trained professionals.

Furthermore, it is an appropriate entry point for non-legal professionals wishing to pursue legal training and also those who are more inclined towards careers in legal practice. The Postgraduate Diploma will facilitate admission to learners with diverse undergraduate training backgrounds, thereby widening the profile of beneficiaries to include those from non-legal fields.

The qualification will provide South Africa and the global community with Postgraduate learners skilled in criminal and procedural law, to ensure that the leadership base of innovative and knowledge-based economic and scholarly activity is widened. The qualifying learner will therefore to be able to provide leadership and work in a variety of contexts related to criminal and procedural law.

This qualification meets the growing need of society for lawyers with specialised, applied training and enables the learner to meet the increasing range of problems presented by the demands of dealing with all aspects of crime and dispute resolution locally and globally.

Qualifying learners will be equipped to apply their skills and knowledge in their respective professions, which include prosecutors, legal advisors, mediators, arbitrators, conciliators, attorneys, advocates and paralegals.

It is assumed that the learners have

• Well-developed information retrieval skills and presentation skills to follow prescribed formats, using IT skills.
• An ability to present and communicate information and their own ideas and opinions in well-structured arguments, showing an awareness of audience and using the academic/professional discourse.
• A capacity to operate in variable and unfamiliar learning contexts, requiring responsibility and initiative.
• A capacity to self-evaluate accurately and identify, address and take responsibility for own learning needs.
• An ability to interact effectively in a learning group.

Recognition of Prior Learning (RPL)

The learners who do not meet the minimum requirements for the qualification may gain access through RPL. Assessors will assess and give credit for the evidence of learning that has already been acquired through formal, informal and non-formal learning.

Access To Qualification

• The standard minimum admission requirement is a LLB, BA (Law), BCom (Law), BA (Police Science) or BA (Forensic Investigation) Degree.
• Non-standard admission may be obtained through Recognition of Prior Learning.

The qualification comprises five compulsory modules, totalling 120 credits, at NQF Level 8.

Modules

• Criminal Law, 24 Credits.
• Sentencing, 24 Credits.
• Criminal and Procedural Law, 24 Credits.
• Criminal Dispute Resolution, 24 Credits.
• The Law concerning Hearsay Evidence, The Constitutional Exclusionary Rule and the Admissibility of Computer-generated Evidence, 24 Credits.

1. Identify and understand divergent problems encountered in Criminal Law and Criminal Procedure in everyday life.
2. Think critically and analytically within a contextual framework related to Criminal Law and Criminal Procedure.
3. Solve complex legal problems pertaining to Criminal Law and Criminal Procedure.
4. Engage with scholarly/professional legal text pertaining to Criminal Law and Criminal Procedure.
5. Contribute to the realisation of a just society based on a legal democracy.

Critical Cross-Field Outcomes

All Critical Cross-Field Outcomes will be embedded appropriately in the modules which constitute the qualification. They will be assessed within the context of the qualification. On achieving this qualification a learner will have the ability to:

• Identify, analyse and address legal problems related to Criminal Law and Criminal Procedure by using acquired knowledge and applying these skills to the legal aspects in a given context.
• Work effectively with others as a member of a team, group, organisation or community to contribute to the sound administration of justice, the development of the law and legal system to meet the needs of society.
• Communicate effectively using academic language.
• Manage and organise own activities.
• Use science and technology effectively.
• Demonstrate an understanding of the world as a set of related systems by recognising that problem solving contexts do not exist in isolation.

Associated Assessment Criteria for Exit Level Outcome 1

• Legal issues pertaining to Criminal Law and Criminal Procedure are identified, analysed and dealt with in real or simulated fact scenarios.
• Daily real-world events and issues related to Criminal Law and Criminal Procedure are interpreted and analysed within a legal framework.
• Theory is applied to practice (and vice versa) in the context of Criminal Law and Criminal Procedure by means of relevant case and literature studies.
• The ability to interpret the law in a regional and global context to deal with modern-day challenges and problems is demonstrated.

Associated Assessment Criteria for Exit Level Outcome 2

• Legal problems pertaining to Criminal Law and Criminal Procedure are interpreted, analysed and explained within different contexts.
• Unbiased and balanced perspectives on legal problems pertaining to Criminal Law and Criminal Procedure are provided.
• A comprehensive and systematic knowledge base in Criminal and Procedural law is demonstrated and a depth of knowledge in specialised areas of Criminal Law and Criminal Procedure is attained.
• Different points of view related to Criminal Law and Criminal Procedure are considered and critically evaluated in terms of the learners' acquired knowledge base and skills.

Associated Assessment Criteria for Exit Level Outcome 3

• Relevant, current sources and authorities are consulted to address legal problems related to Criminal Law and Criminal Procedure.
• The relevance and applicability of legal sources and authorities to an identified complex legal problem related to Criminal Law and Criminal Procedure are analysed and critically evaluated.
• Authoritative legal materials to solve a problem are selected.
• Different solutions to a problem related to Criminal Law and Criminal Procedure are considered and critically evaluated and the consequences of each solution are contemplated for future legal development.
• Substantiated responses, based on learners' acquired knowledge base are provided.

Associated Assessment Criteria for Exit Level Outcome 4

• Legal text pertaining to Criminal Law and Criminal Procedure is read, understood and interpreted within a contextual framework.
• Views expressed in text are reflected upon and critically evaluated and debated.
• Legal text is used to support arguments and solutions related to Criminal Law and Criminal Procedure.

Associated Assessment Criteria for Exit Level Outcome 5

• Acquired skills and knowledge are used to advance legal awareness within the communities.
• Complex Criminal Law and Criminal Procedure problems in society are reflected on and solutions are sought.
• The underlying constitutional values are interpreted and applied to diverse problems in society related to Criminal Law and Criminal Procedure.
• An awareness and tolerance of diversity is shown and solutions are sought.
• Conflicting interests related to Criminal Law and Criminal Procedure within a community are dealt with, locally, regionally and globally.
• Conflicting interests arising from relationships (for example state/state, state/individual, individual/individual) related to Criminal Law and Criminal Procedure are discussed.

Integrated Assessment

The learners' competencies will be assessed using an integrated method of both formative and summative assessment. Assignments, examinations and an oral examination will be used in the assessment of the learners.