Course Catalogue

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Complainers in sexual offences cases face myriad hurdles in order to achieve procedural and substantive justice in the criminal justice system with research and data indicating high attrition and low conviction rates, along with serious failings on behalf of criminal justice stakeholders. In recent years in Scotland, as elsewhere, there has been a growing recognition that at least of these problems can be mitigated through the provision of trauma informed independent legal advice and representation that aims to meet unmet legal need.

This course, the first of its kind in the United Kingdom, offers students an opportunity to explore the reality of legal practice in this area through engaging with relevant academic research, learning from relevant legal practitioners and those working in the field, and undertaking supervised legal case work, provided through a specially established law firm. The course provides a unique insight into the reality of professional legal practice, barriers to access to justice and the workings of the Scottish criminal justice system.

Year-long course comprising of weekly 2 hour clinical supervised teaching sessions in both semesters where students participate in seminars centred around assigned reading and mock casework and engage in supervised work on real legal casework.

20 x 2-hour seminars/casework sessions.

The course is open to students on both the Scots and Common law LLB programmes. Due to the nature of the casework, and the professional obligations that arise therefrom in terms of the supervising solicitor, the course has bespoke admission requirements. In essence, prospective applicants must apply in advance by way of a CV and application form. The application form requires students to demonstrate their suitability for participation on the clinic by way of reference to specified criteria.. Applications are assessed in line with normal procedures. Student participation is also subject to admission to the Disclosure Scotland Protecting Vulnerable Groups Scheme, the cost of which is borne by the clinic. Students on the Diploma in Professional Legal Practice may also volunteer at the clinic (and require to be follow the above application process but are not subject to assessment if admitted). Due to the aforementioned process, admission requires to be determined in advance of the normal honours course admission process.

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The course will be assessed on a portfolio which is worth 100% of the grade. The assessed part of the portfolio is comprised of:

1. Learning Journal (20 pages of materials & 2000 words) [40%]

2. 1st Critical Reflection (2000 words) [30%]

3. 2nd Critical Reflection (2000 words) [30%]

The learning journal requires students to include a selection of legal materials and related documentation (no more than 20 pages), suitably redacted, arising from their time on the course (e.g. letters they have drafted, case notes they have prepared, research notes etc.) The standard of this work will be formally assessed (ILO 4 & 5) (20%). The learning journal will also contain a short personal account on the student's skills development during the course and their understanding of the ethical and social responsibilities of solicitors (ILO 4 & 5) (20%).

The 2 critical reflections require students to outline their own thoughts on substantive matters of law, procedure and policy relevant to the position of the complainers in sexual offences cases in Scotland, by way of reference to relevant academic literature and caselaw, and in light of their engagement in casework over the course of the semester. Students are provided with an overarching theme for each critical reflection piece that directly corresponds to the course's ILO's. (ILO 1, 2 & 3).

Reassessments are normally available for all courses, except those which contribute to the Honours classification. Where, exceptionally, reassessment on Honours courses is required to satisfy professional/accreditation requirements, only the overall course grade achieved at the first attempt will contribute to the Honours classification. For non-Honours courses, students are offered reassessment in all or any of the components of assessment if the satisfactory (threshold) grade for the overall course is not achieved at the first attempt. This is normally grade D3 for undergraduate students and grade C3 for postgraduate students. Exceptionally it may not be possible to offer reassessment of some coursework items, in which case the mark achieved at the first attempt will be counted towards the final course grade. Any such exceptions for this course are described below. 

This course aims to introduce students via relevant academic literature, case law and supervised clinical legal casework to the difficulties complainers in sexual offences cases face in accessing justice, in criminal prosecutions in Scotland. It does so by:

1. Providing students with a structured and supervised introduction to the ethical responsibilities of practising lawyers and essential legal skills;

2. Allowing students to reflect on the impact of independent legal advice and representation in this area and in advancing social justice; &

3. Providing students with a unique insight into the operation of the Scottish criminal justice system and the role (and limitations) of the lawyers who act within it.

By the end of this course students will be able to:

Assess the efficacy of the operation of relevant law and criminal procedure as it applies to complainers in sexual offences cases at key stages of the criminal justice process. (ILO 1)

Understand the myriad issues that hinder effective participation of complainers in sexual offences cases, and analyse these issues in the context of relevant literature and data on attrition and conviction rates in Scotland and internationally. (ILO 2)

Critically evaluate the limitations and benefits of the provision of trauma informed legal advice and representation to complainers in sexual offences cases and the inter-relationship between law and broader social justice issues (ILO 3)

Demonstrate applicable transferable legal skills such as research, analysis and provision of advice in written form in order to resolve vulnerable client needs through the use of law. (ILO 4).

Understand the relevant ethical obligations that are imposed upon lawyers and how these obligations delineate the parameters of appropriate professional conduct. (ILO 5).

Students must submit at least 75% by weight of the components of the course's summative assessment (which includes by design the undertaking of supervised clinical legal casework).