Module Details

Module Code: LAWS H2309_3
Module Title: Evidence 2
Title: Evidence 2
Module Level:: 8
Credits:: 5
Module Coordinator: Eileen Doyle
Module Author:: Ivan Sheeran
Domains:  
Module Description: The aim of this module is to provide students with a sound knowledge and critical understanding of the various exclusionary rules and principles of evidence that apply in the Irish court system.
 
Learning Outcomes
On successful completion of this module the learner will be able to:
# Learning Outcome Description
LO1 Explain the various exclusionary rules of evidence and the extent to which these rules, as interpreted by the courts, impact upon the tendering of evidence.
LO2 Assess and evaluate the impact of the various privileges and immunities upon the tendering of evidence and discuss the approach of the courts to such privileges and immunities.
LO3 Critically analyse the law and employ knowledge and understanding in solving relevant problems.
LO4 Research aspects of the law of evidence either independently or as part of a group and communicate findings and proposals in written and/or verbal form.
Dependencies
Module Recommendations

This is prior learning (or a practical skill) that is recommended before enrolment in this module.
No recommendations listed
Co-requisite Modules
No Co-requisite modules listed
Additional Requisite Information
No Co Requisites listed
 
Indicative Content
Previous Misconduct Evidence of an Accused
• General Exclusionary Rule • Circumstances of Inclusion • Evolution of Inclusionary Rule • Modern Test - Probative Value v Prejudicial Effect
Cross-Examination of an Accused
• Shield Against Questions revealing previous bad character of accused • Section 1(e) and (f) and S.1A Criminal Justice (Evidence) Act 1924 (as amended) • Circumstances where shield may be lost • Extent of questioning where shield is lost
Improperly Obtained Evidence
• Unconstitutionally obtained evidence  Circumstances of exclusion and inclusion - The JC Principles • Illegally obtained evidence
Confession Evidence
• Admissibility  Voluntariness test  Breach of Constitutional rights  The Judges’ rules  Custody regulations  Breach of fundamental fairness • Corroboration • Electronic recording of interviews
The Rule Against Hearsay
• Definition of the Rule • Rationale of the rule • Hearsay Evidence v Original Evidence • Application of the Rule • Common Law and Statutory Exceptions to the Hearsay Rule • Reform
Privileges and Immunities
• Privilege against self incrimination • Legal Professional Privilege • Public Interest Privilege • Other Privileges
Module Content & Assessment
Assessment Breakdown%
Continuous Assessment100.00%

Assessments

Full Time

Continuous Assessment
Assessment Type Project % of Total Mark 100
Timing n/a Learning Outcomes 1,2,3,4
Non-marked No
Assessment Description
Students will be assigned a number of research tasks across the semester and required to present their findings in written and/or oral form.
No Project
No Practical
No End of Module Formal Examination
Reassessment Requirement
Coursework Only
This module is reassessed solely on the basis of re-submitted coursework. There is no repeat written examination.

SETU Carlow Campus reserves the right to alter the nature and timings of assessment

 

Module Workload

Workload: Full Time
Workload Type Workload Category Contact Type Workload Description Frequency Average Weekly Learner Workload Hours
Lecture Contact No Description 12 Weeks per Stage 3.00 36
Estimated Learner Hours Non Contact No Description 15 Weeks per Stage 5.93 89
Total Weekly Contact Hours 3.00
Workload: Part Time
Workload Type Workload Category Contact Type Workload Description Frequency Average Weekly Learner Workload Hours
Lecture Contact No Description Every Week 1.50 1.5
Total Weekly Contact Hours 1.50
 
Module Resources
Recommended Book Resources
  • Heffernan. (2020), Evidence in Criminal Trials, 2nd. 15, Bloomsbury Professional, Dublin.
  • Fennell. (2020), The Law of Evidence in Ireland, 4th. 12, Bloomsbury Professional.
  • Canon & Neligan. (2003), Evidence, Roundhall.
Supplementary Book Resources
  • Charleton,McDermott, Herlihy, Byrne. (2020), Criminal Law, 2nd. 27, Bloomsbury Professional, Ireland, p.1200, [ISBN: 9781845922313].
  • Matthew Holmes. (2019), Evidence, 1st. Round Hall ELT Series, Ireland, [ISBN: 9780414066359].
  • McGrath. (2015), Evidence, 2nd. Ed.. Roundhall.
  • Heffernan. (2011), Legal Professional Privilege, Bloomsbury, Dublin.
  • Heffernan. (2005), Evidence: Cases & Materials, Roundhall.
  • Healy. (2004), Irish Laws of Evidence, Roundhall.
  • O’Malley. (2010), The Criminal Process, Roundhall.
Recommended Article/Paper Resources
  • Lexis Nexis. LNB, Lexis Nexis (LNB) Legal Database (available through the IT Carlow Library portal) – provides access to various UK & Irish Cases (All England Law Reports, The Irish Reports etc) and UK Law Journals together with International Legal Information..
  • Westlaw. WestlawIE, Westlaw.ie (available through IT Carlow Library portal) – provides access to various Irish case law reports such as ILRM and ILTR dating back to 1867 and journals including the Irish Criminal Law Journal and Irish Law Times.
  • Justis. Justis, JustisOne - (available through IT Carlow Library portal) - provides extensive access to The Irish Reports and Irish Digests.
Other Resources
  • Office of Attorney General. http://www.irishstatutebook.ie and www.oireachtas.ie, for all relevant Irish legislation.
  • Law Reform Commission of Ireland. Lawreform.ie, for Revised Acts of Oireachtas and all the latest reports and consultation papers,
    http://www.lawreform.ie
  • Courts Service of Ireland. Courts.ie, for unreported cases of the Superior Courts 2002-present,
    http://www.courts.ie
  • BAILII. BAILII.org, for free access to law updates and leading Irish cases,
    http://www.baillii.org/ie/legis
Discussion Note: