Foundations in Criminal Evidence Law

Learning Outcomes

Knowledge and Understanding

Having successfully completed this module, you will be able to demonstrate knowledge and understanding of:

• the key protections afforded to defendants in the criminal trial.
• 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;

Transferable and Generic Skills

Having successfully completed this module you will be able to:

• deploy analytical skills in relation to complex situations;
• communicate and discuss complex ideas and arguments;
• exercise time management skills and conduct research.

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;
• demonstrate critical awareness of the role of the courts in developing the law of evidence;
• critically evaluate rules of evidence and the policies and values involved;

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.

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).

Resources & Reading list

Textbooks

Colin Tapper (2010). Cross and Tapper on Evidence. Oxford University Press.

Andrew Choo (2012). Evidence. Oxford University Press.

Paul Roberts & Adrian Zuckerman (2010). Criminal Evidence. Oxford University Press.

Adrian Keane and Paul McKeown (2014). The Modern Law of Evidence. Oxford University Press.

Roderick Munday (2013). Evidence. Oxford University Press.

Ian Dennis (2013). The Law of Evidence. Sweet & Maxwell.

Formative

This is how we’ll give you feedback as you are learning. It is not a formal test or exam.

Summative

This is how we’ll formally assess what you have learned in this module.

Referral

This is how we’ll assess you if you don’t meet the criteria to pass this module.

Repeat

An internal repeat is where you take all of your modules again, including any you passed. An external repeat is where you only re-take the modules you failed.

Repeat Information

Repeat type: Internal & External