Introductory description

The module will encourage students to develop a sound theoretical understanding of the principles underlying evidence law and the tensions within it.

Module web page

Module aims

Outline syllabus

This is an indicative module outline only to give an indication of the sort of topics that may be covered. Actual sessions held may differ.

The burden and standard of proof

The nature of factual reasoning

Confessions and other statements by the accused

Identification evidence

Privilege and public interest immunity

Special rules relating to the evidence of children and vulnerable witnesses

Expert evidence

Evidence concerning other misconduct of the accused

Silence as a form of evidence

Pre-trial disclosure

Hearsay evidence

Examination and cross-examination

The accused as a witness.

Improperly obtained evidence.

Witnesses and the course of testimony

Learning outcomes

By the end of the module, students should be able to:

• Have a complete understanding of the foundation principles of the law of evidence as well as detailed knowledge of highlighted areas. Have an understanding of the way in which the law of evidence fits into the process of proof which the courts use. Show an awareness of the law of evidence as a site of social and political critique
• Understand the processes through which facts are socially constructed, rather than legal entities. Understand the social context in which rules of evidence emerge and the extent to which they condition legal knowledge and process
• A firm understanding of the way in which the rules of evidence apply to hypothetical cases. Begin to develop the ability to use evidence arguments as a mechanism for influencing law reform
• Undertake sophisticated doctrinal analysis through problem solving. Be able to locate practical problems within an appropriate contextual framework. Appreciate some of the limits of reform through law
• Capable of independent research through advanced doctrinal analysis, comparative analysis or empirical engagement with social actors. Capacity to organise themselves into groups in order to identify and address issues
• Present an articulate statement of the law or critique of the law in a way which demonstrates a command of the relevant legal and policy knowledge. Appreciate the value of the process of argumentation in helping them to interrogate their own views we well as those of others. Understand that question-formulation itself has both analytical and ideological dimensions
• Demonstrate a basic grasp of the methods of social science as an aid to understanding the operational practices of the law of evidence Have the skills and competence to trace relevant legal provisions in both UK and other jurisdictions

Indicative reading list

MONOGHAN, Nicola, The Law of Evidence (2015) 1st ed. (CUP)
CHOO, Andrew, Evidence (2018)5th ed. (OUP)

Subject specific skills

No subject specific skills defined for this module.

Transferable skills

No transferable skills defined for this module.