Credit points: 15

Subject outline

This subject deals with the rules of evidence in civil and criminal cases, and with the rules of criminal procedure. These rules have evolved to enable court cases to be conducted in a manner that is deemed to be fair to all parties and, increasingly, to promote the interests of the state in ensuring the efficient disposal of cases by the courts. The law of civil procedure is dealt with in a separate subject. Evidence and Criminal Procedure is a compulsory unit for the LLB. This subject, in conjunction with Criminal Law, meets the requirements of the Council of Legal Education for admission to practice in Victoria in the area of Criminal Law and Procedure. It also meets the requirements in the area of Evidence.

SchoolLa Trobe Law School

Credit points15

Subject Co-ordinatorPascale Chifflet

Available to Study Abroad/Exchange StudentsYes

Subject year levelYear Level 5 - Masters

Available as ElectiveNo

Learning ActivitiesPreparation for Moot assessment. Lecture and seminar modelling and discussion. In class discussion and debate of cases.

Capstone subjectNo

Subject particulars

Subject rules



Incompatible subjectsN/A

Equivalent subjectsN/A

Quota Management StrategyN/A

Quota-conditions or rulesN/A

Special conditionsN/A

Minimum credit point requirementN/A

Assumed knowledgeN/A

Learning resources

Evidence and Criminal procedure Unit Materials

Resource TypeBook

Resource RequirementPrescribed



Edition/VolumeLatest edition

PublisherAvailable from the La Trobe University Book shop


Chapter/article titleN/A



Other descriptionN/A

Source locationN/A

Evidence Act 2008 (Vic)

Resource TypeBook

Resource RequirementPrescribed




PublisherAvailable on-line


Chapter/article titleN/A



Other descriptionN/A

Source locationN/A

Criminal Investigaton and Procedure in Victoria

Resource TypeBook

Resource RequirementPrescribed

AuthorCornes C



PublisherThomson Reuters Lawbook Co.


Chapter/article titleN/A



Other descriptionN/A

Source locationN/A

Career Ready


Work-based learningNo

Self sourced or Uni sourcedN/A

Entire subject or partial subjectN/A

Total hours/days requiredN/A

Location of WBL activity (region)N/A

WBL addtional requirementsN/A

Graduate capabilities & intended learning outcomes

Graduate Capabilities

Intended Learning Outcomes

01. Identify, analyse and provide sophisticated legal advice in relation to complex legal issues arising from relevant factual scenarios, by applying a conceptual framework that recognises both the legal rights of citizens in relation to State action and the rights of investigators
02. Generate sustained, persuasive, critically evaluative arguments in relation to a policy issue related to criminal investigation.
03. Facilitate inclusive practices in team decision making and make strategic contributions in a joint collaboration.
04. Develop advanced proficiently various generic skills, such as legal drafting and oral advocacy, in a legal environment.
05. Present engaging and persuasive oral arguments using language and etiquette appropriate to their audience in a simulated hearing in a mock criminal court (a 'Moot').

Subject options

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Start date between: and    Key dates

City Campus, 2021, Semester 1, Blended


Online enrolmentYes

Maximum enrolment sizeN/A

Subject Instance Co-ordinatorStephanie Falconer

Class requirements

Lecture/SeminarWeek: 10 - 22
One 2.50 hours lecture/seminar per week on weekdays during the day from week 10 to week 22 and delivered via blended.

Unscheduled Online ClassWeek: 10 - 22
One 6.00 hours unscheduled online class per study period on weekdays during the day from week 10 to week 22 and delivered via online.


Assessment elementCommentsCategoryContributionHurdle% ILO*

Mooting Examination (3500 words equivalent)

N/AOther written examIndividualNo60 SILO1, SILO2, SILO3, SILO4, SILO5

Mid-semester Assessment (2000 words)

N/AAssignmentIndividualNo40 SILO1, SILO2, SILO4