CPR3701 Semesters 1 and 2 Department of Criminal and Procedural Law

Introduction and welcome The lecturers for Criminal Procedure would like to extend a warm welcome to all students currently registered for this module. We hope that you will find the study of criminal procedure both rewarding and enriching. Criminal procedure provides the substantive criminal law with adjective rules. Not surprisingly, this module (CPR3701) is steeped in rules and mechanisms that are certain, but sometimes indirect in application. We therefore advise you to take the same approach to your studies in the present module, that is, to think laterally and to apply the principles that you have learnt to the situation described. Accomplishment is labour driven, so we suggest that you start studying early in order to guarantee success in this module. This tutorial letter contains valuable information and we advise that you keep it nearby while you are working through the study material, preparing assignments, preparing for examinations and addressing questions to the lecturers. Contained in this tutorial letter you will find assignments for both Semesters 1 and 2, as well as directives on the preparation and submission of assignments. Note that the compulsory assignments for the first semester differ from those for the second semester, although the instructions for submission remain the same for both semesters. You must therefore ensure that you select the correct assignments for the period for which you are registered (if you are unsure, check your registration form). You must not combine some of the first-semester assignment questions with some of the second-semester assignment questions, since such a decision will have negative results (i.e. you will receive 0%). We are aware that you are eager to complete your preparation and studies as soon as reasonably possible and that some students are inclined to submit their second-semester assignment (i.e. those registered for this module in the second semester) during the first semester. We advise you not to follow such an approach, since we will not mark these assignments before the second semester, and there is always the possibility that such assignments may be misplaced! This tutorial letter further provides the information that you need regarding the prescribed and recommended study material and the acquisition of the material. Study this information carefully and make sure that you obtain the material as soon as possible. We have also included certain general and administrative information about this module. From the outset, we would like to point out that you must read all the tutorial letters you receive during the semester immediately, because they always contain important and, sometimes, urgent information. Be advised that myUnisa, on which we upload your study material and tutorial letters once they are available, is a valuable source of information. Consult this electronic resource as often as possible. On that note, you are reminded that this module is supported by the myUnisa platform. You will receive this tutorial letter and a printed copy of the CPR3701/101 5 online study material for your module. While this printed material may appear to be different from the online study material, it is exactly the same and has been copied from the myUnisa website. A word of caution: You should not take this module lightly, since it requires in-depth learning and concentration. Our approach to your learning in this module is both theoretical and practical. We hope you will enjoy this approach and wish you all the best with your studies. 2 Purpose and outcomes Before addressing the purpose and outcomes of this module, we want to engage you on the generic level descriptors from which the purpose and outcomes are derived. For those of you who think that what we have just said is Greek, give us a moment to explain. You will have noticed that the code of this module is CPR3701. Have any of you ever considered whether the Unisa codes have any specific meaning? They do, in fact. The “CPR” part of the code stands for Criminal Procedure (obviously). The “3” means that the module is offered on the third level or the third year of the four-year LLB programme. The “7” identifies the module as a National Qualification Framework (NQF) level 7 module. The “01” is a remnant of the semester system and has no real meaning to you. We want to draw your attention to the NQF level of this module. In the South African higher education framework, qualifications are evaluated or ranked from level 1 to level 10. Level 10 reflects a doctoral qualification. Each level has certain generic level descriptors that build on one another from level 1 through to level 10. The level descriptors are statements that describe learning achievement at a particular level and provide a broad indication of learning achievements or outcomes that are appropriate to a qualification at that level. CPR3701, being an NQF 7 module, relies on the following generic level descriptors: a) Scope of knowledge, in respect of which a learner is able to demonstrate integrated knowledge of the main areas of one or more fields, disciplines or practices, including an understanding of and an ability to apply and to evaluate the key terms, concepts, facts, principles, rules and theories of that field, discipline or practice; and detailed knowledge of an area or areas of specialisation and how that knowledge relates to other fields, disciplines or practices. b) Knowledge literacy, in respect of which a learner is able to demonstrate an understanding of knowledge as contested and an ability to evaluate types of knowledge and explanations typical within the area of study or practice. c) Method and procedure, in respect of which a learner is able to demonstrate an understanding of a range of methods of enquiry in a field, discipline or practice, and their suitability to specific investigations; and an ability to apply a range of methods to resolve problems or to introduce change within a practice. d) Problem solving, in respect of which a learner is able to demonstrate an ability to identify, to analyse, to critically reflect on and to address complex problems, applying evidence-based solutions and theory-driven arguments