Module Details

Module Code: LEGS7006
Title: Social Care Law Practice
Long Title: Social Care Law Practice
NFQ Level: Intermediate
Valid From: Semester 1 - 2023/24 ( September 2023 )
Duration: 1 Semester
Credits: 5
Field of Study: 3800 - Law
Module Delivered in: 1 programme(s)
Module Description: The module develops the student's understanding of Irish criminal law, procedural and evidential rules within the court system, the juvenile justice system and the monitoring of fundamental rights within the context of international, European and Irish law.
 
Learning Outcomes
On successful completion of this module the learner will be able to:
# Learning Outcome Description
LO1 Describe foundational principles of criminal law in Ireland including the elements of a crime, criminal defences and sentencing objectives. (Domains: 1.1, 1.2, 1.4, 1.5, 1.9, 2.6, 2.9, 2.12, 3.1, 3.7, 4.3, 5.1, 5.2, 5.3, 5.14, 5.15).
LO2 Critique legal recognition of the rights of the child in the context of the mixed welfare/justice paradigms evident in the Irish juvenile justice system. (Domains: 1.1, 1.2, 1.3, 1.4, 1.12, 2.9, 5.1, 5.2, 5.3).
LO3 Explain the current legal mechanisms of human rights protection and monitoring in Ireland. (Domains: 1.1, 1.2, 1.3, 1.15, 1.16, 2.6, 5.1, 5.2, 5.3, 5.14, 5.15).
LO4 Apply developed legal research and analysis skills in the assessment of the impact of law on social care service users, with reference to the operation of the courts. (Domains: 1.1, 1.2, 1.5, 2.6, 3.6, 5.1, 5.2, 5.3, 5.14, 5.15).
Dependencies
Module Recommendations

This is prior learning (or a practical skill) that is strongly recommended before enrolment in this module. You may enrol in this module if you have not acquired the recommended learning but you will have considerable difficulty in passing (i.e. achieving the learning outcomes of) the module. While the prior learning is expressed as named MTU module(s) it also allows for learning (in another module or modules) which is equivalent to the learning specified in the named module(s).

Incompatible Modules
These are modules which have learning outcomes that are too similar to the learning outcomes of this module. You may not earn additional credit for the same learning and therefore you may not enrol in this module if you have successfully completed any modules in the incompatible list.
No incompatible modules listed
Co-requisite Modules
No Co-requisite modules listed
Requirements

This is prior learning (or a practical skill) that is mandatory before enrolment in this module is allowed. You may not enrol on this module if you have not acquired the learning specified in this section.

No requirements listed
 
Indicative Content
Irish Criminal Law
Defining a crime. Bunreacht na h'Eireann and the criminal law. Criminal liability - actus reus, mens rea, capacity, defences (self defence, Criminal Law (Insanity) Act 2006, duress) and provocation. Homicide and Non-Fatal Offences against the Person Act, 1997. . Offences against property. Public Order Offences. Sentencing objectives and options, restorative justice, spent convictions. (Domains 1.1, 1.2, 1.3, 1.9, 5.1, 5.14, 5.15) Offences. Sentencing objectives and options, restorative justice, spent convictions.
Juvenile Justice and the Children Act, 2001
Rights of the child in conflict with the law and non-offending children at risk. The welfare vs justice debate. The UN Convention on the Rights of the Child, the Beijing Rules and Riyadh Guidelines. The Irish Youth Justice Service and Youth Justice Strategy 2021-2027. Children Act 2001 (as amended). Special care orders. The Family Welfare Conference. The Garda Diversion Programme and Garda Diversion projects emergence of Youth Justice Workers. Treatment of child suspects in gardai stations. Children Court and child sanctions. Youth Probation service. Detention of children and social care professionals, Oberstown. (Domains: 1.1, 1.2, 1.3, 1.5, 2.6, 3.1, 5.1, 5.2, 5.3, 5.14, 5.15).
Court Procedure, Skills and the Law of Evidence
The adversarial system and preparation for court. Therapeutic jurisprudence and the 'vulnerable' party, witness, victim. The court hearing: order of witnesses, examination-in-chief, cross The adversarial system and preparation for court. Therapeutic jurisprudence and the 'vulnerable' party, witness, victim. The court hearing: order of witnesses, examination-in-chief, cross examination, re-examination. Evidence - relevance and hearsay and exceptions to evidentiary rules. Opinion evidence and the expert witness.Competence and compellability of witnesses. The professional witness and court proceedings.Reform of Family Law, access to justice, voice of the child . (Domains: 1.1, 1.2, 1.3, 1.4, 1.5, 1.9, 1.12, 1.15, 1.16, 2.6, 2.9, 2.12, 5.1, 5.2)
Mechanisms to Monitor and Realise Human Rights
Types of rights - civil&political; socio-economic; cultural and collective. Dualism and article 29 of the Constitution. Spheres of enforcement of rights in Ireland: Constitutional protection of fundamental rights and the implied rights doctrine; European Community/Union law; International law including the European Convention on Human Rights; the Universal Declaration of Human Rights; the International Convention on Civil and Political Rights. Types of rights – civil & political; socio-economic; cultural and collective. Dualism and article 29 of the Constitution. Spheres of enforcement of rights in Ireland: Constitutional protection of fundamental rights and the implied rights doctrine; European Community/Union law; International law including the European Convention on Human Rights; the Universal Declaration of Human Rights; the International Convention on Civil and Political Rights. Limitations on rights, proportionality and balancing rights. Human Rights and Irish legislation - Irish Human Rights and Equality Commission, European Convention on Human Rights Act, 2003. A HRBA in health and social care. Access to justice and law reform. (Domains: 1.1, 1.2, 1.3, 2.6, 3.1, 3.6, 3.7, 4.3, 5.1, 5.2, 5.3, 5.14, 5.15).
Module Content & Assessment
Assessment Breakdown%
Coursework100.00%
Special Regulation
Students are required to achieve a mark of 40 % or greater in each assessment component to pass the module.

Assessments

Coursework
Assessment Type Essay % of Total Mark 50
Timing Week 5 Learning Outcomes 1,2,3,4
Assessment Description
Children in Conflict with the Law - Youth Justice in Ireland. Children Act 2001 and an overview of either: a) the structure, operation and efficacy of the Garda Diversion Programme or b) the Children's Court and sentencing of a juvenile. OR Monitoring Human Rights in Ireland:
Examining the legal foundations, key roles/functions and contribution of one of a number of bodies/mechanisms in the promotion and attainment of human rights in Ireland. Word count: approx. 1,500. (Domains: 1.1, 1.2, 1.3, 1.4, 1.5, 1.9, 1.12, 1.15, 1.16, 2.6, 2.9, 2.12, 3.1, 3.6, 3.7, 4.3, 5.1, 5.2, 5.3, 5.14, 5.15)
Assessment Type Project % of Total Mark 50
Timing Sem End Learning Outcomes 1,3,4
Assessment Description
Court Observation:To attend the District and/or Circuit and/or High Court and compile a research document consisting of: a) a summary of the jurisdiction of the courts observed and a diagram indicating the layout of the court and the roles of the people present; b) notes on the cases observed including charges/claim; the essence of any dispute on the facts; sentence/judgment delivered and c) an analysis/comment on the administration of justice observed and reform of the family court system, sentencing or problem-solving/community court alternatives OR other research-based inquiry into law in action.(1.1,1.2,1.3,1.4,1.5, 1.9,1.15,1.16,2.6, 2.9,2.12,3.1, 3.6, 3.7,4.3, 5.1,5.2,5.3, 5.14, 5.15)
No End of Module Formal Examination
Reassessment Requirement
Coursework Only
This module is reassessed solely on the basis of re-submitted coursework. There is no repeat written examination.

The University reserves the right to alter the nature and timings of assessment

 

Module Workload

Workload: Full Time
Workload Type Contact Type Workload Description Frequency Average Weekly Learner Workload Hours
Lecture Contact Class based instruction Every Week 4.00 4
Independent & Directed Learning (Non-contact) Non Contact Specified legal research and court visits Every Week 3.00 3
Total Hours 7.00
Total Weekly Learner Workload 7.00
Total Weekly Contact Hours 4.00
Workload: Part Time
Workload Type Contact Type Workload Description Frequency Average Weekly Learner Workload Hours
Lecture Contact Class based instruction Every Week 3.00 3
Independent & Directed Learning (Non-contact) Non Contact Specific legal research and court visits Every Week 4.00 4
Total Hours 7.00
Total Weekly Learner Workload 7.00
Total Weekly Contact Hours 3.00
 
Module Resources
Recommended Book Resources
  • Bunreacht na h'Eireann. (1937), Constitution of Ireland, Government Publications, Dublin, [ISBN: 0755714857].
  • Hamilton, C.. (2012), Irish Social Work and Social Care Law, 1st. Gill&Macmillan, Dublin, [ISBN: 9780717152667].
  • Dewhurst, Higgins, Watkins. (2015), Principles of Irish Human Rights Law, 1st. Clarus Press, Dublin, [ISBN: 9781905536504].
Supplementary Book Resources
  • Nickel, J.W.. (2007), Making Sense of Human Rights, 2nd. Blackwell Publishing, UK, [ISBN: 9781405145350].
  • Moeckli, Shah, Sivakumaran, Harris (eds). (2014), International Human Rights Law, 2nd. Oxford University Press, UK, [ISBN: 9780199654574].
Recommended Article/Paper Resources
Other Resources
 
Module Delivered in
Programme Code Programme Semester Delivery
CR_HSOCC_7 Bachelor of Arts in Social Care Work 5 Mandatory