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NSW Curriculum
NSW Education Standards Authority

11–12Legal Studies 11–12 Syllabus (2025)

Implementation from 2027
Expand for detailed implementation advice

Content

Year 12

The criminal justice system (core)

The Loading  is to be integrated as appropriate.

The nature of crime
  • The changing nature and types of crime affecting individuals and society

  • Factors affecting criminal behaviour

  • The importance of situational and social crime prevention

Investigation
  • The role of police in investigating crime, protecting the community and upholding the rule of law

  • Police powers and responsibilities under the law in relation to arrests, searches, warrants, questioning and detention

  • The role of police discretion, including the use of warnings, cautions and fines

  • The recognition of the rights of the accused, including the right to silence

  • Support measures, including advocacy for the accused and assistance for victims

Pre-trial
  • The roles and impact of pre-trial processes and decisions

  • The bail process and its implications for the presumption of innocence

  • The role of remand and its impact on the accused and society

Trial
  • Reasons for and the operation of a criminal court hierarchy, including the appeal process

  • The adversarial system and its implications for the achievement of justice

  • The use of partial and complete defences to criminal charges

  • Reasons for and against the use of juries and judge-alone trials

  • The provision of legal aid to improve access to justice

  • The impact of support services and advocacy to improve access to justice for Aboriginal and Torres Strait Islander Peoples

Sentencing
  • The purposes of sentencing, including punishment, deterrence, protection and rehabilitation, and their roles in balancing the rights of victims, offenders and society

  • Factors affecting a sentencing decision, including statutory and judicial sentencing guidelines, aggravating and mitigating factors, and the use of judicial discretion

  • The role and consideration of victim impact statements

  • Types of custodial and non-custodial penalties and the extent to which they achieve their intended outcomes

  • Types of diversionary programs, including intervention, treatment and rehabilitation

  • The role of and participation in Culturally appropriate options to improve outcomes for Aboriginal and Torres Strait Islander Peoples

  • The impact of diversionary programs and alternative approaches to sentencing in diverting offenders and reducing recidivism

Post-sentencing
  • The classification and placement of offenders in prison

  • The purpose and conditions of parole

  • The use of detention and supervision orders for high-risk offenders

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