Module

Descriptor
GENERAL INFORMATION
Module Title Evidence
Module Code LA3007
Module Level 6
Contact email The Undergraduate Laws Programme courses are run in collaboration
with the University of London International Programmes. Enquiries
may be made via the Student Advice Centre at:
www.enquiries.londoninternational.ac.uk
Credit 30
Courses on which this LLB, EMFSS
module is offered
Module Pre-requisite None
Notional Study Time 300 hours
MODULE PURPOSE AND OVERVIEW
Evidence is offered as an optional module to students studying on the Standard Entry and Graduate
Entry LLB courses. It is also offered as an Individual Module. Credits from an Individual Module will
not count towards the requirements of the LLB.

Evidence governs what evidence may be presented and contested in the courtroom, techniques for
eliciting evidence, and the role of the lawyers, jury and judge in an adversarial system. Highly
relevant to actual day-to-day legal practice, this module will appeal particularly to students
intending to become courtroom lawyers.

MODULE AIM
The aim of this module is to equip students with some of the skills necessary for in-depth legal
analysis and good advocacy. The rationale and principles underpinning the rules of evidence will be
explored taking account of their context, value and purpose.

LEARNING OUTCOMES: KNOWLEDGE

Students completing this module are expected to have knowledge and understanding of the main
concepts and principles of Evidence law. In particular they should be able to:

1. Demonstrate a critical awareness of the relationship between the theoretical context of the
law of evidence (its policy aims and objectives) and the common law and legislative
provisions in the law of evidence;
2. Explain and distinguish between legal and evidential burdens of proof; the role of policy in
the allocation of burdens; the difficulties in determining whether a statute has impliedly
placed a burden of proof on a defendant and the role of Article 6 of the European
Convention on Human Rights in this determination;
3. Construct an argument for or against the relevance of a particular piece of evidence and be
able to construct an argument for or against the admissibility of a range of types of evidence
including that which has been unlawfully obtained, that which may be more prejudicial than
probative, sexual history evidence, bad character evidence, evidence of a defendant’s
silence, hearsay evidence, expert evidence and eyewitness identification evidence;
4. Explain and critically evaluate judicial warnings to the jury.
LEARNING OUTCOMES: SKILLS
Students completing this module should be able to demonstrate the ability to:

5. Analyse and interpret complex legal questions and problems;

6. Evaluate and critique a range of legal materials and arguments;
7. Distinguish between different types of evidence;
8. Utilise accurately legal terminology appropriate to this area of law.

BENCHMARK FOR LEARNING OUTCOMES

Quality Assurance Agency (QAA) benchmark statement for Law (2015).

MODULE SYLLABUS
(a) Basic concepts of relevance, admissibility and weight. Nature and classification of various types
of evidence. Objectives of evidence law and determination of probative value.
(b) Burden of proof. Legal and evidential burdens. Allocation of the legal burden in criminal and civil
trials. The standard of proof.
(c) Confessions and improperly obtained evidence. Defining. Using and excluding confessions. Using
and excluding improperly obtained evidence. Entrapment.
(d) The right to silence and adverse inferences under the Criminal Justice and Public Order Act 1994.
(e) Hazardous witness testimony and judicial warnings. Makanjuola warnings. Directions about a
defendant’s lies. Eyewitness identification. Dangers and pre-trial identification procedures.
Directions to the jury and withdrawal of the case/evidence.
(f) Evidence of a complainant’s extraneous sexual behaviour in trials of sexual offences. Legislative
background. Youth Justice and Criminal Evidence Act 1999. Sections 41–43 and its interpretation in
the case law.
(g) Character evidence. Good and bad character evidence and the admissibility gateways for bad
character evidence and critical evaluation of these.
(h) The rule against hearsay. The rule (its definition, scope and rationale). The definition of hearsay
in the Criminal Justice Act 2003. Exceptions to the rule. The impact of Article 6(3)(d) of the European
Convention on Human Rights.
(i) Expert evidence. Admissibility. Evaluation of the law (including judicial directions) and practice.

LEARNING AND TEACHING

Module guide
Module guides are the students’ primary learning resource. The module guide covers the entire
syllabus and provides the student with the grounding to complete the module successfully. It sets
out the learning outcomes that must be achieved as well as providing advice on how to study the
module. It also includes the essential reading and a series of self-test activities together with sample
examination questions, designed to enable students to test their understanding. The module guide
is supplemented each year with the pre-exam update, made available on the VLE.

The Laws Virtual Learning Environment

The Laws VLE provides one centralised location where the following resources are provided:
 a module page with news and updates, provided by legal academics associated with the
Laws Programme;
 a complete version of the module guides;
 pre-exam updates;
 past examination papers and reports;
 discussion forums where students can debate and interact with other students;
  Computer Marked Assessments – multiple choice questions with feedback are available for
some modules allowing students to test their knowledge and understanding of the key
topics.

The Online Library

The Online Library provides access to:
 the professional legal databases LexisLibrary and Westlaw;
 cases and up-to-date statutes;
 key academic law journals;
 law reports;
 links to important websites.

Core reading
Students should refer to the following core texts and specific reading references are provided for
this text in each chapter of the module guide:

Choo, A. Evidence. (Oxford: Oxford University Press, 2015) fourth edition [ISBN 9780198705277].
http://ukcatalogue.oup.com/product/9780198705277.do
Durston, G. Evidence: text and materials. (Oxford: Oxford University Press, 2011) second edition
[ISBN 9780199583607].
http://ukcatalogue.oup.com/product/9780199583607.do

ASSESSMENT
Learning is supported through tasks in the module guide, which include self-assessment activities
with feedback. There are additional online activities in the form of multiple choice questions. The
Formative Assessment will prepare students to reach the module learning outcomes tested in the
Summative Assessment.

Summative assessment is through a three hour and fifteen minute unseen examination. Students
are required to answer four questions out of eight from a choice of essay and problem questions.

Permitted materials
Students are permitted to bring into the examination room the following specified document:
Core statutes on evidence 2017-18 (Palgrave Macmillan).