SHE level 9 SCQF credit points 20 ECTS credit points 10 Module code M3M230383 Module Leader Rachel Ferguson School Glasgow School for Business and Society Subject Law Trimester A (September start), B (January start)
Summary of content This advanced optional module delves deeper into the law of evidence in Scotland, including the principal legal rules regulating the relevance, admissibility and competence of evidence in legal proceedings. In addition, this module examines contemporary criminological issues in the law of evidence which impinge on the application of the rules relating to the proof of facts in both civil and criminal cases in Scotland, including the doctrine of corroboration, rape shield legislation, legal provision for vulnerable witnesses and the regulation of the use of covert surveillance technologies in the context of criminal investigations and prosecutions. This module will also put the Scots law of evidence in its international context, by considering the approaches taken to the law of evidence by other jurisdictions and in international criminal proceedings including the International Criminal Court, and other international criminal tribunals.
Module details Syllabus arrow_forward Key issues considered in this advanced module include: • Conduct of a trial or proof in adversarial and inquisitorial proceedings; • The assumptions and ideas underpinning the concept of evidence in common law systems; • The admissibility of evidence, including bad character evidence, confession evidence, illegally-obtained evidence, eyewitness evidence and hearsay rules. • Rape shield rules, and further specialities of the law of evidence in sexual offence cases; • Other specialities of witnesses, including concepts of witness vulnerability and special measures, competence, compellability and privilege, expert witnesses; • The regulation of new and emerging forms of evidence, including communications data, surveillance, and the evidence of covert human intelligence sources.
Learning outcomes arrow_forward On successful completion of this module, students should be able to: 1. Demonstrate an advanced understanding of the law of evidence as applied in Scottish criminal courts, including issues of the admissibility and sufficiency of evidence; 2. Apply complex legal norms and principles from the law of evidence to real world facts and circumstances by solving legal problems; 3. Demonstrate a contextual understanding of the features of adversarial common law approaches to proof in Scottish criminal courts with reference to relevant international comparisons and inquisitorial approaches to fact-finding; 4. Consider the interaction between the law of evidence and other fundamental rights issues, including the right to privacy, a fair trial, and the right to be free from inhuman and degrading treatment; and 5. Reflect critically on contested legal and policy issues underpinning recent developments in the law of evidence, in case law and legislation, at both national and international levels.
Teaching / learning strategy arrow_forward In line with Strategy for Learning 2030, this module is taught through a combination of lectures and seminars. The lecture component of the module focuses mainly on explaining and exploring substantive legal concepts, case law and statutory sources of the law of evidence in Scotland. Seminars will consist of group discussion of case-law, policy development in the law of evidence, and the application of the law of evidence to hypothetical facts in legal problem-solving. This approach will feed into the final assessment in this module, which involves analysing and applying diverse aspects of the law of evidence to a hypothetical set of facts and circumstances. This case file will further test students’ problem-solving skills, their ability to apply more complex forms of law to more complex facts, and understand the application of the law in action. This module engages with three key UN Sustainable Development Goals, including Gender Equality, Reduced Inequalities, and Peace, Justice and Strong Institutions.
Transferrable skills arrow_forward Analysis, Synthesis, Critical Judgement and Evaluation The ability to identify issues, assimilate, evaluate and analyse information to construct written or oral solutions to a problem by bringing together and integrating relevant information, and selecting key material, from a variety of different sources. The ability to present arguments for and against propositions, acknowledging ranking of sources and relative impact in context. Such skills are developed within this module through the following activities: • Preparing for and participating in lectures and seminars • Preparing for and delivering group and individual responses in lectures and seminars • Preparing for and delivering critical essay and case file analysis Personal Management, Independence and Ability to Learn The ability to organise and prioritise effectively the expenditure of time and effort in the performance of all aspects of student work. The ability to learn effectively and be aware of their own learning strategies to manage their own learning development and to reflect upon their learning, seeking and making use of feedback. Such skills are developed within this module through the following activities: • Preparing the portfolio analysis • material delivered at lectures and seminars and connecting them to individual case study • Supporting delivered material with additional reading on lecture, handout and self-searched material • Preparing for and participating in group meetings and other group activities • Preparing for and participating in lectures and seminars • Preparing for and delivering critical analysis of issues raised in the case file. Communication and Literacy The ability to communicate information, ideas, advice and choices in an effective and succinct manner and in plain English without losing focus on key issues. The ability to listen and question effectively, to give and receive feedback and to make presentations a
Module structure Activity Total hours Lectures 22 Tutorials 0 Practicals 0 Seminars 11 Independent Learning 117 Assessment 50 Placement 0
Assessment methods Component Duration Weighting Threshold Description Course Work001 100 40 Portfolio 3000 words