The oral assessment will require students to make or oppose an application to have evidence excluded before a court. It will take place either in semester 1 or semester 2. It will assess learning outcomes 5-6.

Semester 2: 3 hour unseen examination (70%). This will be a closed book exam with a pre-disclosed element. Students are allowed to take into the examination a clean copy of Blackstone's Statutes on Evidence. Overall the examination will assess learning outcomes 1-4.

To pass the module, students must obtain an average mark of at least 40% and a mark of at least 25% in each component.

This module is designed to provide students with a broad contextual view of many of the rules of evidence. The course will consider the ways in which evidence is gathered in both the early stages of civil and criminal cases and the ways in which it is selected and presented at trial. As part of this we will subject the role of the advocate to critical scrutiny. We will consider the procedural context in which rules of evidence are applied and the difference between adversarial systems of justice and inquisitorial systems, asking the question which is best at getting at the truth. In terms of substantive evidence laws the course will cover:
The key evidential terms of relevance, admissibility and weight.

Burdens and standards of proof.

The concept of a fair trial and the exclusion of unlawfully obtained evidence.

The admissibility and use of confession and identification evidence.
The right to silence and its subsequent erosion
Hearsay evidence in civil and criminal cases.
Witness issues of competency-what can and cannot be asked in the course of giving their evidence.
The rules relating to examination-in-chief and cross-examination
The rules of evidence which seek to protect victims of sexual offences when being cross-examined.

The rules relating the admission of evidence of bad character in criminal trials.

The pervasive impact of the Human Rights Act 1998 will be considered throughout.

Skills
This module will seek to develop the following skills:
Legal research skills
Self-critical analysis
Presentation skills
Time management

Essential reading:
Keane A. Modern Law of Evidence (7th Edition). Oxford University Press
Huxley P. (10th Edition) Blackstone's Statutes Evidence. Oxford University Press
Further reading:
Dennis I H. (2007). Law of Evidence (3rd Edition). London, Sweet and Maxwell.

McEwan J. (1999). Evidence and the Adversarial Process, 2nd Ed. Oxford Hart Publishing.
Roberts, D. (2004) Criminal Evidence. Oxford University Press
Uglow S. Evidence: Text and Materials (2nd Edition) Thomson
Introductory reading:
Choo A. (2005) Evidence (1st Edition). Oxford University Press.
Hannibal M and Mountford L. (2002). The Law of Civil and Criminal Evidence. London. Longman

Module study guide
Access to appropriate texts, journals, legislation and case law
Module study guide

Computing facilities will be needed to access material available on the web and specialist on-line databases

Whole group sessions
Lectures will be participatory. They will be delivered on the basis that any required pre-reading has been undertaken. Students must be prepared to undertake problem solving in groups during lectures. 2 hours per week x 22 weeks = 44 hours

Small group sessions-Fortnightly. Each tutorial requires a significant degree of preparatory work. Students will be expected to engage in a discussion of the issues, possibly make an oral submission to get evidence excluded and undertake scenario type questions in collaboration with other students in the group. 5 hours per semester = 10 hours

Directed Study and Independent Learning-principally will consist of reading and research in preparation for tutorials. The preparation may be undertaken individually. Sometimes students will be directed to undertake it collaboratively in small groups. Completion of tutorial reflective assessment forms at the end of each tutorial will encourage students to assess their progress, identify weaknesses and manage their time more effectively.
Total independent and directed study= 246 hours

Total Learning time: 300 hours