Run by School of History, Law and Social Sciences
20.000 Credits or 10.000 ECTS Credits
Organiser: Mr Cathal MacPartholan
Overall aims and purpose
The law of criminal evidence relates to the rules on the production and use of evidence in criminal trials. When a person is accused of committing a crime, how does the prosecution prove their guilt? Is the prosecution restricted as to the type of evidence it can present to prove its case? Does the law offer protection to defendants to safeguard against false conviction? This module advances students' knowledge and understanding of how evidence is used in criminal trials, and would be invaluable to any would-be advocates, litigators, or those intending to work within the criminal justice system. Students will be familiarised with key evidential rules, current debates within the law of evidence, and will develop the ability to develop relevant legal rules and principles on the law of evidence.
The module content includes, but is not limited to:
- the burden and standard of proof;
- hearsay, confessions and the right to silence;
- competence and compellability;
- identification evidence;
- opinion evidence;
- evidence of character;
- similar fact evidence.
C- to C+
C- to C+ (50-59%) An answer which, while always in the main accurate and correct, fails to distinguish between relevant and irrelevant material and is lacking in criticism. An answer which while reliable with regard to correctness is either not comprehensive or not entirely pertinent.
D- to D+ (40-49%) An answer which, while predominantly correct in its presentation of material, contains a significant level of error and is therefore not entirely reliable.
B- to B+ (60-69%) High Standard: A comprehensive answer, containing all the material relevant to the question and no irrelevancy, all the material and references being accurate and correct, there being no inaccuracy or error, the whole presented in an argument which, while clear, logical and critical, leaves room for improvement in its construction and presentation. An answer which shows complete competence in the subject.
A- to A* (70+%) An outstanding answer containing all the material relevant to the question and no irrelevancy, all the material and references being accurate and correct, there being no inaccuracy or error, the whole presented in a clear, logical, critical argument with little room for improvement. An answer which demonstrates a complete mastery of the subject.
Demonstrate relevant knowledge and understanding of the principal characteristics and concepts of the law of evidence in England and Wales.
Effectively explain the principles concerning the allocation of significance to evidence and the rules governing the admissibility of evidence.
Effectively explain key developments in relation to the rules governing the admissibility of evidence and the burden and standard of proof.
Identify the key components of the law and rules of evidence and apply them to actual or hypothetical factual scenarios.
Identify and use relevant primary and secondary legal sources related to the law of evidence.
Students write a 2,500 word essay on a topic in the law of evidence
Students answer 2 exam questions on issues relating to the law of evidence
Teaching and Learning Strategy
Private study includes preparation for seminars and summative assessments
2x 2-hour lectures on a weekly basis.
- Literacy - Proficiency in reading and writing through a variety of media
- Computer Literacy - Proficiency in using a varied range of computer software
- Self-Management - Able to work unsupervised in an efficient, punctual and structured manner. To examine the outcomes of tasks and events, and judge levels of quality and importance
- Exploring - Able to investigate, research and consider alternatives
- Information retrieval - Able to access different and multiple sources of information
- Inter-personal - Able to question, actively listen, examine given answers and interact sensitevely with others
- Critical analysis & Problem Solving - Able to deconstruct and analyse problems or complex situations. To find solutions to problems through analyses and exploration of all possibilities using appropriate methods, rescources and creativity.
- Presentation - Able to clearly present information and explanations to an audience. Through the written or oral mode of communication accurately and concisely.
- Argument - Able to put forward, debate and justify an opinion or a course of action, with an individual or in a wider group setting
- Self-awareness & Reflectivity - Having an awareness of your own strengths, weaknesses, aims and objectives. Able to regularly review, evaluate and reflect upon the performance of yourself and others
Subject specific skills
- Develop the ability to interpret legal rules and employ techniques of legal reasoning competently and efficiently in order to offer a range of solutions and conclusions to actual or hypothetical complex legal problems, all supported by relevant academic literature, jurisprudence and legislative research. Such solutions will be clearly communicated and presented
- Develop the ability to analyse complex legal issues, set against the background of the political, social, economic or cultural contexts in which they may arise
- Develop those skills which are necessary for scholarship and research in legal subjects, namely the ability to identify relevant primary and secondary legal sources and to retrieve accurate legal information using paper and electronic sources
Resource implications for students
Students should have a copy of the key text.
Talis Reading listhttp://readinglists.bangor.ac.uk/modules/sxl-2125.html
The key textbook for this module is A. Keane and P. McKeown, The Modern Law of Evidence (OUP, 13th edn 2020). Readings ahead of each lecture will be detailed in the syllabus.
Pre- and Co-requisite Modules
Courses including this module
Optional in courses:
- N2M1: BA Business Management and Law year 2 (BA/BML)
- N2MB: BA Business Man & Law (4 year with Incorp Foundation) year 2 (BA/BML1)
- NM11: BA Business and Law year 2 (BA/BUSALAW)
- NM1B: BA Business and Law (4 year with Incorporated Foundation) year 2 (BA/BUSLAW1)
- M100: LLB Law year 2 (LLB/L)
- M11B: LLB Law (4 year with Incorporated Foundation) year 2 (LLB/L1)
- M10P: LLB Law with Placement Year year 2 (LLB/LP)