Module Descriptors
EVIDENCE (BLOCK TEACHING)
LAWS61237
Key Facts
School of Justice, Security and Sustainability
Level 6
30 credits
Contact
Leader: Lisa Mason
Hours of Study
Scheduled Learning and Teaching Activities: 32
Independent Study Hours: 268
Total Learning Hours: 300
Assessment
  • ASSIGNMENT weighted at 40%
  • EXAMINATION - UNSEEN IN EXAMINATION CONDITIONS weighted at 60%
Module Details
Module Texts
Hannibal, M, and Mountford, L. (2002). The Law of Civil and Criminal Evidence. London - Principles and Practice - Longman
Dennis, I, H. (2002). Law of Evidence. London. Sweet and Maxwell
McEwan, J. (1999). Evidence and the Adversarial Process, 2nd Ed. Oxford Hart Publishing
Module Learning Strategies
The course is taught in two blocks of four week study, using eight evenings in each block, alternating lecture evenings with tutorial evenings, totalling 24 hours of lectures, 8 hours of small group sessions, and independent study. In the lectures key topics are introduced and discussed , supported by teaching materials and visual aids. The lectures develop themes based on the students' independent study It is expected that students will self-manage study time in a ratio of 7 hours to one hour contact. This will be occupied with preparatory and subsequent reading and study around the lecture themes, and preparatory and subsequent work for tutorial questions, which will either be essay style discussion topics or practical problem solving exercises.

Directed Study/Independent Learning
Students will work with the course materials and study plans disseminated in advance and at lectures in order to prepare themselves for and reflect upon the issues raised in their tutorials. The study guide will provide students with a directed programme of learning guidance via further reading references, Westlaw and website references and tutorial preparation plans. Tutorial discussion questions will necessitate and encourage further independent research. Students will be expected to develop their information technology skills by accessing IOLIS, Westlaw and Lotus Learning Space. Completion of tutorial workplans will provide key points of focus. Students will be provided with feedback from tutorials to assist their work. Completion of tutorial reflective assessment forms at the end of each tutorial will encourage students to assess their progress, identify strengths and weaknesses and manage their time effectively. The expected directed study breaks down as follows:
4 hours work per lecture 4x22=88
8 hours work in advance of each tutorial 8x10=80
4 hours work subsequent to each tutorial 4x10=40
total 268.
Module Indicative Content
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 in civil and criminal cases.
- Opinion evidence
- Witness issues of competency-what can and cannot be asked in the course of giving their evidence
- Disclosure of evidence and claims of public interest immunity and
- The rules relating the admission of evidence of bad character in criminal trials.

The impact of the Human Rights Act 1998 will be considered throughout.
Module Additional Assessment Details
Semester 1: 1 x Assignment (40%)
(Assessing learning outcomes 1-7)

Semester 2: 3 hour unseen examination (60%).
Overall the examination will assess learning outcomes 8-10.

To pass this module, students must obtain a mark of at least 40%.
Students must obtain at least 25% in both the coursework and examination elements of the module.
Module Resources
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