The Evidence course examines the legal rules and principles that govern the proving of facts in a court of law, primarily as they apply to evidence in criminal proceedings.

Describe and evaluate, primarily with regard to evidence in criminal proceedings:

some of the main principles concerning the relevance, admissibility and use of evidence;

the underlying ethical principles and social policies shaping legislative reforms and case-law development of the law of evidence in England and Wales.

Lectures and tutorials

When presented with a set of facts raising a legal issue or issues relating to evidence (a problem question) students should be able to:

• identify those issues;
• cite relevant case law and statutory provisions;
• explain how the case-law and statutory provisions apply to the evidential issues raised by the facts or how the facts may be distinguished;
• draw a reasoned conclusion as to how the evidential issues raised by the facts might be resolved.

When presented with a proposition relating to the law of evidence (an essay question) students should be able to:

• present arguments for and against the proposition;
• cite judicial and statutory authority which support or undermine the proposition;
• where relevant, cite and evaluate any empirical evidence relating to legal practice which supports or undermines the proposition;
• where relevant, cite and evaluate the arguments of others relating to the issues raised by the proposition;
• examine any relevant reform proposals and consider their advantages and disadvantages;
• come to a reasoned conclusion as to whether they agree or disagree with the proposition.

The summative assessment of the module is by means of one 3 hour examination. Students will have to answer three questions including at least one problem question and at least one essay question.

The two formative assessments will be in either essay or problem-question form. Students will be given written and oral feedback.

Students are expected to write clearly, comprehensibly, and with due regard to the rules of English grammar and syntax.

The syllabus will deal with some of the following:

• Introduction to the law of evidence
• The procedural context of the law of evidence
• The burden and the standard of proof
• Relevance and admissibility of evidence
• Evidence and covert and proactive policing techniques
• The privilege against self-incrimination
• Inferences from silence
• Confession evidence
• Identification evidence
• Unfairly and unlawfully obtained evidence
• Witnesses: competence, compellability and examination
• The defendant’s character: propensity to commit similar offences and credibility
• Expert evidence
• Disclosure of evidence

The recommended text-books will be determined in the vacation prior to the start of the module in the light of current information about new editions and new publications..

The latest editions of the following:

A Choo, Evidence (Oxford University Press)

I. Dennis, The Law of Evidence (Sweet and Maxwell)

J Doak and C McGourlay, Criminal Evidence in Context (Routledge-Cavendish)

G Durston, Evidence: Text and Materials (Oxford University Press)

P Roberts and Adrian Zuckerman Criminal Evidence (Oxford University Press)