1. Identify, analyse and interpret key concepts, principles and rules of the Law of Evidence.

2. Apply rules of evidence to a given scenario to solve legal problems.

3. Evaluate possible alternative legal outcomes on the facts of a given scenario.

The assessment style is multiple choice questions which primarily test functioning legal knowledge. That is, they are problem based with students being given a legal scenario and asked to select the single best answer to the problem posed, having applied knowledge of rules of evidence to the facts (LOs 1 and 2). The assessment style is modelled on the style of MCQs which form the first stage of the Solicitors Qualifying Examination, and thus will give students an opportunity to become familiar with the strategies required for success in the SQE. “Single best answer” reflects the fact that there may sometimes be more than one answer which is legally correct and students will have to demonstrate judgement by selecting the answer which is strategically preferable or more likely in the context of a particular scenario. (LO 3)

This module introduces common evidentiary issues which arise in litigation. The main focus is on criminal rules of evidence.

- Classification of different types of evidence

- Burden and standard of proof: the evidential burden and reverse burdens

- Concept of a fair trial and exclusion of unlawfully obtained evidence

- Confession evidence

- The right to silence and adverse inferences

- Hearsay in criminal cases: exclusionary rules and statutory exceptions and safeguards

- Hearsay in civil cases

- Identification evidence

- Witness competence and compellability

- Vulnerable and intimidated witnesses and special measures directions

- The admission of the Defendant’ s previous bad character

You will explore the laws which govern the admissibility of evidence in trials. The main focus is on key aspects of evidence in criminal cases, including confessions, adverse inferences from silence, the defendant’s previous convictions, hearsay, and the evidential consequences of breaches of the Police and Criminal Evidence Act 1984. Learning activities and the final assessment concentrate on problem solving, by applying laws of evidence to scenarios that may arise in legal practice. This module will be of interest to students who have either criminal law or general litigation career ambitions. The emphasis on analysis and problem-solving will also support transferable skills for other graduate careers.

The learning strategy for this module is based around students committing a total of 200 hours of activities towards achieving the learning outcomes. These will be split between 39 hours of direct contact with a tutor and 161 hours of directed, guided and self-study, together with preparation for the assessment. Students are encouraged to spend 6-8 hours per week on reading, preparation for workshops, and consolidation of learning. The remaining non-contact hours will be spent on preparation for assessments, including undertaking a formative mock examination, and responding to feedback on their performance in the mock.



Contact will include a mixture of lectures and workshops. Lectures will focus on the exposition of the statutory and common law framework relating to specific rules of Evidence, with opportunities for active student engagement with content through including questioning, quizzes and opportunities for discussion. Small groups workshops are focused on consolidation of knowledge and understanding of core content, and the application of knowledge to evidential problems which legal practitioners are likely to meet in the conduct of criminal or civil litigation. Students will be required to participate in a range of learning opportunities which promote construction of knowledge through problem-based learning. Examples of activities include paired or group work to prepare and deliver written and/or oral submissions relating to the admissibility of evidence, or the preparation of advice to a client on the likely outcome of an evidential point in a trial. By challenging students to provide reasoned legal responses to both settled and novel evidential scenarios, teaching activities will develop students’ awareness of the uncertainty, ambiguity and limits of current knowledge. The assessment strategy will reinforce this by reflecting the multiple possible outcomes in a case, and strategic decisions that legal practitioners have to take in this dynamic area of practice.

Choo, AL Evidence (5th edition 2018 Oxford University Press)

Grevling, K Blackstone’s Statutes on Evidence 16th edition 2020 Oxford University Press

Singh, C and Ramjohn, M Unlocking Evidence, (3rd edition 2016 Routledge)


OUP Texts are available as digital textbooks on the Law Trove subscription service.

Key statutes:

Civil Evidence Act 1995

Criminal Justice Act 2003

Criminal Justice and Public Order Act 1994

Police and Criminal Evidence Act 1984

Youth Justice and Criminal Evidence Act 1999

Relevant case law as indicated in weekly learning activities.

All statutes and law reports are accessible via legal databases WestLaw and LexisNexis.