London School of Economics and Political Science (LSE)

Modules

305 Evidence

Prerequisite – 122 Introduction to the common law

1. General principles. Nature and classification of various types of evidence: facts in issue, circumstantial evidence, testimony, documents and real evidence. Basic concepts of relevance, admissibility, corroboration and weight.

2. Proof. Burden and standard of proof: the third exception to the Woolmington rule; evidential and legal burdens; criminal and civil standards. Presumptions: marriage, death, legitimacy and res ipsa loquitur. Competence and compellability of witnesses. Examination and re-examination of witnesses: leading questions; the rule against narrative; refreshing memory; sexual complaints; identification evidence.

3. Admissibility. The hearsay rule: scope of the rule, including implied exceptions; application in criminal cases; exceptions of admissions and res gestae evidence; documents. Criminal Justice Act 1988, ss. 23, 24, 25 and 26. Confessions: Police and Criminal Evidence Act and Codes of Practice; Criminal Justice and Public Order Act 1994. Right to silence and forms of entrapment and admissibility, PACE s.78. Voir dire. Character evidence: relevant to issue versus credit; similar fact evidence; Criminal Evidence Act 1898. Exclusion of evidence on grounds of public policy. Privilege: privilege against self-incrimination; legal professional privilege; without prejudice negotiations. Opinion evidence.