This module is designed to provide students with a broad contextual view of selected rules of criminal evidence.

The module will explore the evidential rules which govern the gathering and presentation of evidence at a criminal trial. As part of this, the module will critically evaluate the role of the trial advocate, the judicial officer and the lay fact-finders in the adversarial process. It will consider the procedural context in which rules of criminal evidence are applied and distinguish between the adversarial system and inquisitorial systems of fact adjudication, in achieving in discovering the truth and thereby securing justice.

In terms of substantive evidence laws the course will cover:

The key evidential terms of relevance, admissibility and weight.

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

The admissibility of confession evidence and eye-witness identification evidence.

The right to silence and the exceptions to the general rule

The rules governing witness testimony including competency and special measures

The rules relating to cross-examination and the protection of victims of sexual offences when giving evidence

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.

Whole group sessions

These will mainly be used to introduce broad concepts but will also involve group exercises where appropriate.


Group seminars

These will be used to explore particular aspects of evidence law in more detail. They will consolidate and build on the knowledge acquired in the whole group session and in independent reading and thus will develop the analytical and problem-solving skills relevant to assessment of learning outcome 3.


Independent study

Students will be expected to spend a considerable amount of time on independent study. The main resources to assist them with this are the Study Guide and the blackboard page. The Study Guide will provide a directed programme of learning guidance. For each seminar, it will include preparation tasks and follow-up tasks as well as reflective assessment forms to help students to assess their progress by identifying strengths and weaknesses.

Assessment is comprised of:

Criminal trial observation report reflecting on rules in a real life context (20% weighting)-assessing learning outcomes 1 and 2.

Small group self-critical reflective logs (20% weighting)- assessing learning outcome 3

Seen exam 2 hours in length (60%)- assessing learning outcomes 1 and 2

Additional Assessment Details (including formative feedback / assessment:

Mock exam

Working towards the assessment tasks will be a key element of the learning, and tutors will be available to guide students through the process. Face to face contact sessions focussed on assessment activities will be scheduled into the timetable.

Module study guide
Access to appropriate texts, journals, legislation and case law
Computing facilities will be needed to access material available on the web and specialist on-line databases

Choo A. Evidence, (4th Ed Oxford University Press 2015)
Hannibal M and Mountford L. Criminal Litigation Handbook (10th Ed Oxford University Press 2014)

1. Demonstrate an intellectual curiosity about the application of the rules of criminal evidence in the adversarial system of fact adjudication and in the protection of the right to a fair trial by reading widely, analysing case law, and academic opinion and its application through verbal communication and written work.
Analysis
Communication
Enquiry

2. Recognise and apply selected rules of criminal evidence to a trial based factual scenario
Knowledge and understanding
Problem solving
Application

3. Demonstrate a self-critical awareness of contribution in large group tasks and in small groups.
Reflection
Learning
Enquiry