Module Information

The law of evidence governs the methods by which matters may be proved for the purposes of legal proceedings. It is therefore a subject of considerable practical importance, and one which impinges on almost every other area of law. Having the substantive law on your side (or on the side of your client) will be of little use if you cannot persuade the court or jury to believe your version of the facts, but you cannot do this unless you know what evidence will be acceptable to the court, and how it may be presented. English law does not apply the continental doctrine of "free appreciation of evidence". Instead, it applies a number of strict rules, prohibiting the use of certain kinds of evidence, even in some cases where common sense might suggest that they would be highly relevant. Other rules govern the examination and cross-examination of witnesses, and determine whether the testimony of a particular witness requires corroboration or support before it can be relied upon. These rules are often open to serious criticism, but must nevertheless be identified and understood. If an original document has been lost, will the court accept a copy instead? Will it accept the evidence of a young child? If an alleged rapist has previous convictions for sexual assault, should the jury be told? Would it make any difference if he was claiming to be of good character? Can inferences be drawn from the failure of a defendant to testify at his trial, or from his failure to answer questions following arrest? Does it matter whether evidence has been obtained by improper means? Should it matter, and if so why? The law of evidence also prescribes the allocation of the burden of proof as between the parties to litigation, and the standard of proof that must be satisfied. As a general rule, it is for the prosecution to discharge the burden of proof in criminal cases, and for the plaintiff or petitioner to do so in civil cases; but the general rule is littered with express and implied exceptions, which can make the study of this topic anything but straightforward.