Module overview
This module offers an introduction into some of the most fundamental rules and principles governing the admission, exclusion, and presentation of evidence in the criminal trial. It provides critical insights into the trial process, the purpose of key restrictions on admissibility, and protections afforded to defendants. The law of evidence developed throughout the centuries in the context of the jury trial but has recently undergone wide-ranging reforms, sometimes driven by controversial policy objectives. The module offers a critical perspective on the English law of evidence and will enable you to consider its underlying purposes and policy objectives, equipping you with the skills needed to apply the law to complex factual situations.
Aims and Objectives
Learning Outcomes
Subject Specific Intellectual and Research Skills
Having successfully completed this module you will be able to:
- undertake critical analysis of statutory provisions and judicial interpretations.
- evaluate the normative justifications for excluding particular types of evidence;
- construct clear and coherent arguments as to how the law should apply and apply the law studied to complex factual situations;
- critically evaluate rules of evidence and the policies and values involved;
- demonstrate critical awareness of the role of the courts in developing the law of evidence;
Knowledge and Understanding
Having successfully completed this module, you will be able to demonstrate knowledge and understanding of:
- the function of procedural and evidential rules and the process values and policies involved;
- some of the main rules of evidence and the way they are applied in a trial context;
- the key protections afforded to defendants in the criminal trial.
Transferable and Generic Skills
Having successfully completed this module you will be able to:
- communicate and discuss complex ideas and arguments;
- exercise time management skills and conduct research.
- deploy analytical skills in relation to complex situations;
Syllabus
The following is an indicative list of subject areas which are to be covered during the module; however, there may be changes to this list both in terms of outline and content depending on case law developments and current affairs:
1. An introduction to the law of evidence.
2. Relevance and admissibility.
3. Burden and Standard of Proof.
4. The privilege against self-incrimination and the right to silence.
5. Illegal or unfairly obtained evidence.
6. Confessions.
7. Hearsay.
8. Evidence of the Defendant's Bad Character.
9. Sexual history evidence.
Learning and Teaching
Teaching and learning methods
Teaching methods include:
Lectures
The lectures will provide you with an overview of each substantive topic, highlighting key issues. Reading lists provided in advance will outline critical issues, required reading, questions and guidance for further study.
Tutorials
Tutorials will provide you with an opportunity to address the specific issues relevant to the module in greater detail.
Learning activities include:
- Directed Reading (as per distributed reading lists).
- Preparing and writing formative exam questions and self-reflection on that process.
- Preparation and delivery of oral presentations.
- Class discussion (including small group work).
Type | Hours |
---|---|
Tutorial | 8 |
Lecture | 22 |
Preparation for scheduled sessions | 60 |
Wider reading or practice | 10 |
Completion of assessment task | 50 |
Total study time | 150 |
Resources & Reading list
Textbooks
Colin Tapper (2010). Cross and Tapper on Evidence. Oxford University Press.
Adrian Keane and Paul McKeown (2014). The Modern Law of Evidence. Oxford University Press.
Ian Dennis (2013). The Law of Evidence. Sweet & Maxwell.
Roderick Munday (2013). Evidence. Oxford University Press.
Andrew Choo (2012). Evidence. Oxford University Press.
Paul Roberts & Adrian Zuckerman (2010). Criminal Evidence. Oxford University Press.
Assessment
Formative
Formative assessment description
Exam questionSummative
Summative assessment description
Method | Percentage contribution |
---|---|
Coursework | 100% |
Referral
Referral assessment description
Method | Percentage contribution |
---|---|
Written assessment | 100% |
Repeat
Repeat assessment description
Method | Percentage contribution |
---|---|
Written assessment | 100% |
Repeat Information
Repeat type: Internal & External