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Evidence [LA3007]

  1. Basic concepts of relevance, admissibility and weight. Nature and classification of various types of evidence: circumstantial evidence, collateral facts, documentary evidence, facts in issue, original evidence, real evidence, testimony. Development and current objectives of evidence law.
  2. Competence and compellability of witnesses. Effect of failure to testify.
  3. Examination-in-chief. Cross-examination, including common law restrictions and restrictions under the Youth Justice and Criminal Evidence Act 1999, ss.41-43. Re-examination. Previous consistent statements.
  4. Burden and standard of proof. Evidential burdens.
  5. Hearsay in civil and criminal trials, including provisions of the Criminal Justice Act 2003. Justifications for excluding hearsay.
  6. Judicial warnings to the jury: discretionary warnings after Makanjuola; compulsory warnings, including warnings about a defendant's lies and Turnbull warnings.
  7. Identifications inside and outside court, including Code D of the Codes of Practice issued under the Police and Criminal Evidence Act 1984.
  8. Confessions and improperly obtained evidence. Provisions of the Codes of Practice relating to detention and questioning of suspects, and recording of interviews. Failure to mention facts under the Criminal Justice and Public Order Act 1994, ss.34, 36 and 37.
  9. Character evidence and similar fact evidence in civil trials. Character evidence in criminal trials, including provisions of the Criminal Justice Act 2003. The Rehabilitation of Offenders Act 1974.
  10. Opinion evidence.
  11. Privilege against self-incrimination; legal professional privilege; 'without prejudice' statements. Public interest immunity.

Students are permitted to bring into the examination room the following specified documents: one copy of the Codes of Practice issued under Police and Criminal Evidence Act 1984 andeither one copy ofBlackstone's Statutes on Evidence (OUP)or one copy of Core Statutes on Evidence (Palgrave Macmillan).