Law of Evidence in Sri Lanka:

The function and scope of the Law of Evidence in Sri Lanka
The Evidence Ordinance
Evidence in Civil cases and Evidence in Criminal cases
Oral / Real / Computer / Documentary Evidence
Facts in Issue and Relevant Facts
Burden of Proof and Presumptions
Witnesses

Criminal Procedure in Sri Lanka:

The sources and scope of the law relating to Criminal Procedure in Sri Lanka
Investigations and Arrest of accused persons
The Charge and Process of Summons
General Provisions governing Criminal Trials
Trials before different Courts vested with Criminal Jurisdiction
Judgement and Conviction

The student will be assessed on the theoretical foundations and the practical application of the concepts through the assessments.

The first assessment will be a 10-minute oral presentation. The assessment brief shall be released in week 6. This will be based on a problem scenario based on the Evidence Ordinance and certain areas of the Criminal Procedure Code that will reasonably be completed before submission. The students would need to identify relevant evidence, in addition to principles of criminal procedure and apply them effectively to provide a comprehensive evaluation. They are expected to examine the Evidence Ordinance and the Code of Criminal Procedure, key judicial precedents, and persuasive case law from other selected jurisdictions, to provide a well-reasoned response to the legal issues.

The second assessment will be a 1.5 hour long written examination, which will test the theoretical and practical aspects of both areas. The students can be given a choice of questions (which would include both essay type and scenario-based questions).

The module shall be delivered through weekly lectures and workshops. The total direct contact time will amount to 60 hours of direct contact time. The students are expected to commit an additional 240 hours of guided independent study and activities to achieve the learning outcomes. Students are encouraged to read extensively to prepare for the lectures and assessments. Contact hours will include a mixture of lectures and workshops, with ample opportunities for significant student engagement. The students will be guided to develop writing, analytical, problem solving and presentation skills, commensurate with the modes of assessment. This subject especially requires students to have an understanding and knowledge of core content, and the application of knowledge of evidential problems and criminal trials - which legal practitioners will no doubt encounter during civil and criminal litigation. Students will be required to participate in a range of learning techniques, which shall promote the construction of knowledge through problem-based learning. They will be challenged to provide reasoned legal responses to evidential scenarios, so that their awareness of the ambiguity and limits of current knowledge will be increased. The assessments provided above will introduce them to the possibilities of multiple outcomes to a particular case. Through this, the students will develop the knowledge and an appreciation of strategic legal decisions practitioners must take in this challenging area of practice.

1. Identify, describe and explain the theoretical foundations of the Law of Evidence and Criminal Procedure in Sri Lanka.

Communication
Research skills

2. Learn and analyse relevant judicial precedents, and their interpretation of legal provisions.

Knowledge and understanding

3. Demonstrate the application of the key statutes and conceptual foundations in judicial precedents.

Application and problem solving

4. Evaluate and synthesize a range of legal sources to determine the efficacy and application of both laws, with limited comparative jurisdictional analysis (India and the United Kingdom).

Critical reasoning and collaboration

Legal databases with access to statute and case law
Use of courtroom for formative and summative assessments

Peiris GL, The Law of Evidence in Sri Lanka (Stamford Lake Publishers)

Coomaraswamy ERSR, The Law of Evidence (with special reference to the Law of Sri Lanka) Volumes I and II (2nd edn (reprint), Stamford Press 2012)

Majeed UL Abdul, Applicability of the Evidence Ordinance in Civil Actions (Author Publication 2022)

Indatissa K, General Principles of Evidence in Sri Lanka, Volumes I, II and III (Author Publication 2012)

Peiris GL, Criminal Procedure in Sri Lanka (4th edn, Stamford Lake Publication 2009)

Indatissa K, The Role of a Defence Counsel (Author publication)

Indatissa K, Handbook of Criminal Drafts (Author publication)

Weeraratna DAP, Criminal Procedure in Sri Lanka volumes I – V

Note: The editions shown above are the most recent at time of writing but students should use the most recent edition at time of study.

This module comprises two integrated components, both pertaining to Sri Lankan procedural laws.

The first component shall contain the fundamental elements of the Law of Evidence in Sri Lanka. It will introduce you to the importance of the Law of Evidence in the effective continuance and completion of trials. The key aspects which govern the admissibility of evidence in trials, with a strong focus on criminal trials, will form an essential area of study. The Evidence Ordinance No. 14 of 1895 (as amended) which forms the basis of all criminal and civil proceedings will be studied closely. This Ordinance will be continually related to the next component, so that there is a logical bridge between the two and you will be enriched by understanding both procedural laws. The learning activities and assessment will concentrate on substantial theoretical knowledge, problem solving through the application of the Law of Evidence, that may arise in legal practice.

The second component will build upon your existing knowledge from Criminal law and Practice in Level 5. You will be guided towards understanding essential elements of Criminal law in Sri Lanka, with a brief introduction to the Penal Code. The focus will then shift to the substantive law in Sri Lanka – the Criminal Procedure Code of 1898 (as amended).

This module will be of great academic and professional interest to you if you have ambitions in criminal law and / or litigation. Analysis and problem-solving skills would also support transferable skills for other graduate careers. If you wish to take the Bar examination, knowledge of these two areas will an added advantage, as Sri Lanka Law College mandates students to pass both Evidence and Criminal Procedure to obtain the attorney – at – law qualification.

Furthermore, as Sri Lanka was a colony of the British, both Ordinances are closely aligned to fundamental British legal principles.