Evidence 2

Learning Outcomes    

Having successfully completed this module, students should be able to:  

LO 1. Explain evidence law constraints on pre-trial processes; 

LO 2. Critically reflect on the constitutional control of evidence gathering processes; 

LO 3. Synthesise and explore the relationship between statutory and judge-made rules of evidence; 

LO 4. Engage in effective research and writing in the law of evidence pertaining to expert evidence, the lawyer-client relationship, and identification evidence; 

LO 5. Critically evaluate evidentiary law and policy and engage in debate about reform.

Module Learning Aims 

Evidence is the information on which judges and juries decide issues of fact in civil and criminal trials. It includes the testimony of witnesses, the opinions of experts, forensic evidence, documents and IT data. The law of evidence is grounded in common law and statutory rules and it operates within a framework of international and constitutional rights. Building on the modules on Criminal Law and Constitutional Law, and Evidence 1, this module deepens and extends students’ knowledge and understanding of the law of evidence in critically exploring and analysing its application in the trial process and role in the administration of justice. 

Module Content 

Evidence 2 builds on Evidence 1.  In Evidence 2, students investigate and analyse the application of evidentiary law and policy in specific contexts such as expert evidence, the lawyer-client relationship, identification evidence, and evidence unlawfully obtained.

Recommended Reading List 

Liz Heffernan, Evidence in Criminal Trials (2nd edn, Bloomsbury Professional, 2020)