ASSESSMENT DETAILS
Assessment is comprised of:
Semester One
Written assignment of a practical nature (30% weighting) assessing learning outcome 1
Semester Two
Criminal trial observation report reflecting on rules in a real life context (20% weighting)-assessing learning outcome 3.
Exam 2 hours in length (50% weighting)- assessing learning outcomes 2, 4 and 5
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.
INDICATIVE CONTENT
This module explores the way in which criminal cases are investigated, constructed and proved. It explores the key components of criminal litigation practice in England and Wales as well as exploring the key rules of criminal evidence.
The module will cover police powers; the role of the solicitor at the police station; confession and identification evidence and the right to silence. It will also explore public funding of criminal cases; the provision and refusal of bail; allocation of an either way offence; the Crown Court; disclosure of evidence; sentencing and appeals.
The module will further 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 judge and the jury in an adversarial system of factual; enquiry.
The concept of a fair trial and the exclusion of unlawfully obtained evidence will be addressed as will the rules governing witness testimony including competency and special measures; 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 and hearsay evidence.
The pervasive impact of the Human Rights Act 1998 will be considered throughout.
LEARNING OUTCOMES
1. Advice a defendant on the key aspects of criminal procedure
Knowledge and understanding
Application
Analysis
2. Recognise and apply rules of criminal evidence to a trial based factual scenario
Knowledge and understanding
Problem solving
Application
3. Critically evaluate the operation of the rues of criminal evidence in a criminal trial
Reflection
Learning
Enquiry
4. Challenge the admissibility where a particular piece of evidence might compromise a fair trial Analysis
Communication
Application
5. 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
LEARNING STRATEGIES
Whole group sessions
These will mainly be used to explain criminal procedure and selected rules of criminal evidence.
Group tutorials
These will be used to ensure complete understanding of the content covered in lectures; debate and application using a problem-based learning approach.
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.
RESOURCES
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
TEXTS
Hannibal M and Mountford L. Criminal Litigation Handbook (12th Ed Oxford University Press 2016)
Choo A. Evidence, (4th Ed Oxford University Press 2015)