Postgraduate Diploma in Criminal Justice Practice

Purpose

The qualification is to provide an opportunity for (predominantly) part-time learners (who are mainly working professionals) to obtain expert and specialist knowledge of the law, practices and procedures relating to the Criminal Justice System in South Africa. At the same time this qualification aims to provide a career path for professionals in the Criminal Justice System who will be equipped with practical, reflexive and applied competence in this discipline.

The legal education provided by this qualification should result in high level practical expertise that will significantly enhance the competences and skills levels of professionals operating in the field of Criminal Justice. The curriculum includes modules in substantive and procedural criminal law and also requires contextual analysis thereof in the light of the Constitution and the processes of democratisation post 1994. There is also a focus on the critical evaluation of sentencing policy and practice, with special reference to juvenile justice. A module on "Critical Issues in Criminal Justice" will explore the current deficiencies in the system and propose ways to address them. The qualification also accommodates an optional module which would allow learners to evaluate the sector where they are employed and critically analyse the current practices with a view to propose reforms that would enhance the effectiveness of the system.

Rationale

This qualification is to deliver graduates with specialised, in-depth knowledge and higher order skills to substantially enhance the efficiency and effectiveness of the role players in our criminal justice system. The University's Faculty of Law offers a Master of Law (Criminal Justice) Degree and the admission requirement for this qualification is that the candidate should have obtained a Bachelor of Law (or equivalent) qualification with an average mark of at least 60% to be admitted to this qualification.

However, there are some experienced public prosecutors who only have a B.Juris Degree and therefore cannot access the Master's Degree, but who would benefit greatly from this qualification. In addition, some candidates who are admitted to the Master's Degree pass the course work modules, but fail to complete the research component.

On a yearly basis applicants who do not meet the admission requirements for the Master of Law have had to be turned away. Most of these applicants have requested to be enrolled for a Postgraduate Diploma, instead of a Master's Degree. There is a clear need for a Postgraduate qualification in Criminal Justice to enhance and deepen the professional competence of (especially) the qualified professionals operating within the Criminal Justice System, by providing them with an opportunity to undertake advanced reflection and development in specialised areas of the law pertaining to Criminal Justice, without engaging in a substantial research component.

• A working knowledge of how the legal system and in particular the Criminal Justice system and operates.
• Very good communication skills, especially writing skills.
• Basic research skills.
• Work experience in the Criminal Justice system would be an advantage.

Recognition of Prior Learning (RPL)

Potential learners may apply for RPL to the department based on substantial previous experience in the field of Criminal Justice. On application the department may request a portfolio of evidence which will be assessed in terms of the institution's RPL Policy.

Access to the Qualification

Admission Requirements

• A recognised Bachelor's Degree in law or an equivalent qualification and relevant experience.
• Must have obtained an average mark of at least 55% in the major modules of the said qualification.

This qualification consists of 8 modules at NQF Level 8 totalling 120 Credits.

Compulsory modules

• Crimes and Criminal Liability, 15 Credits.
• Criminal Procedure: Models and Methods, 15 Credits.
• Criminal Justice, Administrative Law and the Constitution, 15 Credits.
• Criminal Investigation and Evidence, 15 Credits.
• Sentencing and Post-Trial Procedures, 15 Credits.
• Juvenile Justice, 15 Credits.
• Critical Issues in Criminal Justice, 15 Credits.

Optional Modules (choose one)

• Correctional Services Practice, 15 Credits.
• Police Practice, 15 Credits.
• Law Enforcement Officer Practice, 15 Credits.

1. Critique, analyse and evaluate the current state of South African criminal law and procedure within the appropriate contextual framework.
2. Critique, analyse and evaluate the efficiency and effectiveness of current criminal justice processes in South Africa.
3. Demonstrate a coherent and critical understanding of the impact of the South African Constitution on our Criminal Justice System.
4. Demonstrate a coherent and critical understanding of the principles and practices relating to the sentencing of offenders.
5. Critique, analyse and evaluate the current South African juvenile justice system.
6. Engage and apply the principles relating to best practice in one of the following fields:

• Correctional Service.
• Policing.
• General Law Enforcement.

Critical Cross-Field Outcomes

All the Critical Cross-Field Outcomes are addressed in this qualification.

Associated Assessment Criteria for Exit Level Outcome 1

• Legal issues pertaining to Criminal Law and procedure are identified, analysed and current solutions evaluated in the context of real or simulated scenarios.
• Depth of knowledge of Criminal Law and procedure is demonstrated via evidence of mastery in selected areas of specialisation.
• Theory is applied to practice by means of relevant case studies.
• Different points of view related to Criminal Law and procedure are considered and critically evaluated.

Associated Assessment Criteria for Exit Level Outcome 2

• Process issues jeopardising the effectiveness of the criminal justice system are identified, analysed and remedies proposed.
• International best practice is used as a standard to recommend solutions.
• Relevant authoritative legal sources are consulted to generate solutions to identified problems.

Associated Assessment Criteria for Exit Level Outcome 3

• Sound knowledge of the Constitution and its interpretation is demonstrated by critical engagement with standard legal texts and leading judgements of the Constitutional Court.
• The application and impact of particular provisions of the Constitution on current rules of criminal procedure are identified and explained.
• The constitutional values and the concepts of fair administrative action and effective criminal justice administration are compared and the extent of the practical implementation thereof evaluated.

Associated Assessment Criteria for Exit Level Outcome 4

• Sound knowledge of sentencing principles and practices is demonstrated by critical engagement with standard legal texts and judgements of the High Court and Supreme Court of Appeal.
• Theories of punishment are discussed and evaluated in the light of constraints imposed by the Bill of Rights.
• The purpose of punishment and the practices in Correctional Services are analysed and critically evaluated.

Associated Assessment Criteria for Exit Level Outcome 5

• Deficiencies in the juvenile justice system are analysed and remedies proposed.
• Juvenile justice and adult justice are compared and the rationale for the differentiation evaluated.
• The effectiveness of legislative interventions to reduce juvenile delinquency is considered and critically evaluated.

Associated Assessment Criteria for Exit Level Outcome 6

• The purpose and functions of correctional services, the police and other law enforcement agencies are explained.
• The effectiveness and efficiency of correctional services, the police and other law enforcement agencies are analysed and critically evaluated.
• The impact of the Constitution and the Bill of Rights on correctional services, the police and other law enforcement agencies are analysed and critically evaluated.
• The involvement of the community in policing and law enforcement is considered and evaluated.
• Community corrections, parole and the rehabilitation of offenders as correctional strategies are critically evaluated.

Integrated Assessment

A range of formative and summative assessment strategies will be used to ensure that the above outcomes are integrated: the more formative assessment will include (i) individual and group assignments that build on acquired work experience, (ii) oral presentations to their peers during contact sessions, based on the aforesaid assignments, (iii) critical interactive discussion and analysis of these presentations. Some of the assignments and presentations will be formally assessed to build up a class mark. Evaluation of portfolios and written examinations will form the summative assessment component.