| CODE | SWP3381 | ||||||||
| TITLE | Law and Sentencing Practice | ||||||||
| UM LEVEL | 03 - Years 2, 3, 4 in Modular Undergraduate Course | ||||||||
| MQF LEVEL | 6 | ||||||||
| ECTS CREDITS | 4 | ||||||||
| DEPARTMENT | Social Policy and Social Work | ||||||||
| DESCRIPTION | The law tends to be regarded as the province of experts within the legal profession; however social workers are also legal actors in their own right and thus professionals with legal power and authority. Moreover, the law has come to play a significant role in not only shaping social policy but also in the day-to-day decisions and conduct of social workers at virtually every level of social work practice. This is more so for those working within the realm of the criminal justice system. Legal knowledge and skills in its application are thus central to social work practice, since their responsibility for other people’s well-being makes it imperative that they are familiar with the law and its processes. The intent of this course is therefore that of helping social workers understand better the law and the criminal justice system in order to be more effective practitioners. This study-unit provides a general overview of the major debates and intersections between law and social work. It also examines the major theoretical explanations of crime and delinquency and poses links between criminological theory, its context and impact on sentencing practices and other Criminal Justice policies. The course also examines the legal domestic frameworks that shape and regulate social work practice in the criminal justice field. In view of this, the course deals with a range of legislative frameworks, particularly relating to criminal and juvenile justice, mental health, rehabilitative and restorative justice and substance abuse. The study unit thus aims to: • Introduce students to the study of forensic social work; • Examine the intersections between law and social work practice; • Familiarize students with the organisation of the court system; • Provide students with a basic understanding of the legal processes and systems as they relate to social work practice; • Guide students in the interpretation and application of the law; • Provide students with an understanding of the Maltese legal frameworks within which social workers must operate in the context of juvenile justice, corrections, mental health, substance abuse and restorative justice; • Empower students to work in the context of the criminal justice system; • Pose links between criminological theory, its context and impact on sentencing practice; • Highlight the role the law plays in the development and reform of social policy. Learning Outcomes: Upon completion of the course students should be able to: • Describe domestic legal frameworks which deal with juvenile justice, corrections, mental health, substance abuse and restorative justice; • Restate the organisation of the court system; • Discuss the difference between civil and criminal matters and procedures; • Memorise and define key terms and concepts in forensic social work such as; deterrence, incapacitation, status offences, diversion, treatment and supervision orders; • Appraise legislation and judicial decisions; • Explain the rationale and application of various domestic criminal justice sanctions and processes, including; Fines, Suspended Sentences, Conditional Discharges, Probation Orders, Community Service Orders, Combination Orders, Bail Supervision, Parole, Victim offender mediation, Treatment Orders and Care Orders. Additional Notes: The following legislation will be covered during the course: • The Criminal Code; • Probation Act (Chapter 446); • Juvenile Court Act (Chapter 287); • Care Orders Act (Chapter 285); • Dangerous Drugs Ordinance (Chapter 101); • Drug Dependence (Treatment not Imprisonment Act) (Chapter 537); • Restorative Justice Act (Chapter 156). |
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| ADDITIONAL NOTES | No pre-requisites study-units are required for this study-unit; however a basic knowledge of general social work practice and legal frameworks would be an asset. Students are expected to have considerable capacity for independent critical thought. | ||||||||
| STUDY-UNIT TYPE | Lecture | ||||||||
| METHOD OF ASSESSMENT |
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| LECTURER/S | Marilyn Attard John Testa |
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The University makes every effort to ensure that the published Courses Plans, Programmes of Study and Study-Unit information are complete and up-to-date at the time of publication. The University reserves the right to make changes in case errors are detected after publication.
The availability of optional units may be subject to timetabling constraints. Units not attracting a sufficient number of registrations may be withdrawn without notice. It should be noted that all the information in the description above applies to study-units available during the academic year 2024/5. It may be subject to change in subsequent years. |
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