Module Details
Module Code: |
LEGS7006 |
Title: |
Social Care Law Practice
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Long Title:
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Social Care Law Practice
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NFQ Level: |
Intermediate |
Valid From: |
Semester 1 - 2023/24 ( September 2023 ) |
Field of Study: |
3800 - Law
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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.
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Learning Outcomes |
On successful completion of this module the learner will be able to: |
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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).
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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.
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No incompatible modules listed |
Co-requisite Modules
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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.
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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.
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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).
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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)
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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).
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Module Content & Assessment
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Assessment Breakdown | % |
Coursework | 100.00% |
Special Regulation |
Students are required to achieve a mark of 40 % or greater in each assessment component to pass the module. |
Assessments
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.
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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
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Recommended Book Resources |
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Bunreacht na h'Eireann. (1937), Constitution of Ireland, Government Publications, Dublin, [ISBN: 0755714857].
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Hamilton, C.. (2012), Irish Social Work and Social Care Law, 1st. Gill&Macmillan, Dublin, [ISBN: 9780717152667].
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Dewhurst, Higgins, Watkins. (2015), Principles of Irish Human Rights Law, 1st. Clarus Press, Dublin, [ISBN: 9781905536504].
| Supplementary Book Resources |
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Nickel, J.W.. (2007), Making Sense of Human Rights, 2nd. Blackwell Publishing, UK, [ISBN: 9781405145350].
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Moeckli, Shah, Sivakumaran, Harris (eds). (2014), International Human Rights Law, 2nd. Oxford University Press, UK, [ISBN: 9780199654574].
| Recommended Article/Paper Resources |
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United Nations Treaty documents. (1989), UN Convention on the Rights of the Child,
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Inclusion Ireland UN Convention on the
Rights of Persons with disabilities.,
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Department of Justice. Family Justice
Strategy 2022-2025. Youth Justice
Strategy 2021-2027.,
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Child Care Law Reporting Project Ripe
for Reform (2021),
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Health and Information Quality Authority
& Safeguarding Ireland. (2019)
Guidance on a Human Rights-Based
Approach in Health and Social Care
Services.,
| Other Resources |
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website, Irish Human Rights and Equality
Commission. (2015), various, Ireland,
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website, Irish Youth Justice Service. (2023), Various,
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website, Irish Council for Civil Liberties. (2023), various, Dublin,
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website, Office of the United Nations High
Commissioner for Human Rights. (2015), various,
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website, Council of Europe. (2023), European Convention on Human Rights and
decisions of the European Court of Human
Rights,
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website, SpunOut. (2015), Various,
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Website, Citizens Information,
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Website, The Courts Service,
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Website, Health Service Executive. 2023.
National Office for Human Rights and
Equality policy. Various. ‘Consent
‘FAQs’. ‘Social Care’,
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Website, Department of Justice. Various.
Including Promoting and supporting the
provision of restorative justice at all
stages of the criminal justice system
(August 2023) and Youth Diversion
Projects Evaluation Report (June 2023).,
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website, Oberstown Children Detention Campus.
Model of Care,
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