Aspects of Evidence
Module title | Aspects of Evidence |
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Module code | LAW3072H |
Academic year | 2021/2 |
Credits | 15 |
Module staff | Dr Adam McCann () |
Duration: Term | 1 | 2 | 3 |
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Duration: Weeks | 12 |
Number students taking module (anticipated) | 5 |
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Module description
The module is directed towards critical analysis of the exclusionary rules of evidence, of particular relevance to criminal trials. It aims to provide you with an understanding of the adversarial trial structure and its impact on the content of the law of evidence, particularly in the context of the criminal trial. It also aims to familiarise you with the content of some of the key exclusionary rules; to encourage you to identify and debate current issues within the law of evidence with confidence; and to apply the legal rules and principles within a critical framework.
Module aims - intentions of the module
This module is only available to students studying for the JD on the HKUST-Exeter Programmes in Law. The module is directed towards critical analysis of the exclusionary rules of evidence, of particular relevance to criminal trials. It aims (a) to provide you with an understanding of the adversarial trial structure and its impact on the content of the law of evidence, particularly in the context of the criminal trial; (b) to familiarise you with the content of some of the key exclusionary rules; (c) encourage you to identify and debate current issues within the law of evidence with confidence; and (d) to apply the legal rules and principles within a critical framework.
Intended Learning Outcomes (ILOs)
ILO: Module-specific skills
On successfully completing the module you will be able to...
- 1. demonstrate detailed and comprehensive knowledge of the law of evidence and a substantial range of major concepts, values and principles relevant to its application
- 2. demonstrate ability to identify, explain and critically evaluate key issues in the law of evidence and to apply relevant rules and theories
ILO: Discipline-specific skills
On successfully completing the module you will be able to...
- 3. demonstrate detailed and comprehensive knowledge of legal concepts and their contextual, social, and political implications
- 4. demonstrate ability to apply legal knowledge to a problem or case study and to suggest a conclusion supported by relevant arguments
ILO: Personal and key skills
On successfully completing the module you will be able to...
- 5. demonstrate ability to manage relevant learning resources, information, and learning strategies, and to develop own arguments and opinions with minimum guidance
- 6. demonstrate ability to work independently and to manage time efficiently in preparing for scheduled learning activities, exercises and assessment
Syllabus plan
Whilst the module’s precise content may vary from year to year, it is envisaged that the syllabus will cover some or all of the following topics:
- Nature & objectives of the criminal justice system
- The HRA 1998 and criminal justice
- Stop & search powers
- Powers of arrest
- Detention and Interrogation
- The right to silence at the police station
- Unlawfully obtained evidence
- Confessions and confession evidence
- Obtaining Identification Evidence
- Prosecution Decisions/Alternatives to prosecution
- Bail: Police and Court
- Legal Aid
Learning activities and teaching methods (given in hours of study time)
Scheduled Learning and Teaching Activities | Guided independent study | Placement / study abroad |
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28.5 | 121.5 | 0 |
Details of learning activities and teaching methods
Category | Hours of study time | Description |
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Scheduled Learning and Teaching activity | 4.5 | 3 x 1.5 hour tutorials |
Scheduled Learning and Teaching activity | 24 | 12 x 2 hour lectures |
Guided Independent study | 81.5 | Reading and preparing for tutorials |
Guided Independent study | 40 | Researching and writing essays |
Formative assessment
Form of assessment | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
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Essay Plan | 750 words | 1-6 | Comments and individual feedback |
Summative assessment (% of credit)
Coursework | Written exams | Practical exams |
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100 | 0 | 0 |
Details of summative assessment
Form of assessment | % of credit | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
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Essay | 100 | 3000 words | 1-6 | Written feedback and discussion on individual request |
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0 |
Details of re-assessment (where required by referral or deferral)
Original form of assessment | Form of re-assessment | ILOs re-assessed | Timescale for re-assessment |
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Essay | Essay (3,000 words) | 1-6 | August/September reassessment period |
Indicative learning resources - Basic reading
This reading list is indicative, providing an idea of textbooks that may be useful to you on this module, but it is not a confirmed or compulsory reading list:
The latest editions of:
Dennis, The Law of Evidence (Sweet & Maxwell)
Choo, Evidence (Oxford)
Roberts and Zuckerman, Criminal Evidence (Oxford)
Credit value | 15 |
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Module ECTS | 15 |
Module pre-requisites | None |
Module co-requisites | Criminal Law |
NQF level (module) | 6 |
Available as distance learning? | No |
Origin date | October 2009 |
Last revision date | 10/11/2021 |