England

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Accessibility statement
In this module, you'll explore the law of evidence in England and Wales to discover what evidence can and cannot be used in a criminal or civil case and why. This includes considering the consequences of police misconduct, the dangers of witness evidence, the debates around jury trials, and how law and science interact. Using multimedia and a range of engaging activities, you'll investigate the dilemmas, controversies and developments in this vital area.
The module begins by introducing you to the key terms and concepts relating to the law of evidence. You'll learn what can be proved without evidence, the different kinds of evidence, and the burden and standard of proof.
You'll explore what happens when confessions and evidence are obtained as a result of police misconduct. The legal rules are considered in their wider context. For example, why do people confess to crimes they did not commit? Should the courts discipline the police? Do they appropriately balance disapproval of misconduct with a fair trial outcome?
Some types of evidence pose particular risks of injustice, and in this module, you'll be exploring hearsay evidence, character evidence, and eyewitness identifications. You'll find out why they are risky, how the law of evidence seeks to balance those risks and consider whether it succeeds. Witness evidence is considered in detail, including who can be a witness, whether they can choose not to attend court and how vulnerable witnesses are protected in court. You'll discover the process of giving evidence and what rules govern how lawyers can question witnesses.
The final part of the module considers two controversial areas. Expert evidence is increasingly central to cases but can lead to miscarriages of justice if the expert or the court makes a mistake. You'll explore the roles of expert witnesses, the rules governing their use, and how these operate in practice. Finally, the roles of judges and juries are reviewed, and some of the major controversies are explored before you put your knowledge of evidence law into practice with an in-depth activity.
If you are new to study at university level, or are returning after some time, we recommend that you first study an OU level 1 law module such as Criminal law and the courts (W111) or Civil justice and tort law (W112), unless you are a graduate entry student.
If you are studying this module as part of the Bachelor of Laws (Honours) (LLB) (R81) or Bachelor of Laws (Honours) (graduate entry) (LLB) (R82), then you will need to have studied or be studying on a presentation of Public law (W211) before enrolling on W250.
If you have any doubt about the suitability of the module, please speak to an adviser.
You might find the following resources useful in preparation for this module:
You’ll get help and support from an assigned tutor throughout your module.
They’ll help by:
Online tutorials run throughout the module. While they’re not compulsory, we strongly encourage you to participate. Where possible, we’ll make recordings available.
Course work includes:
You will have digital access via Law Trove to The Modern Law of Evidence 15th edition (Keane and McKeown), and a module website, which includes:
The OU strives to make all aspects of study accessible to everyone, and this Accessibility Statement outlines what studying W250 involves. You should use this information to inform your study preparations and any discussions with us about how we can meet your needs.
To find out more about what kind of support and adjustments might be available, contact us or visit our Disability support website.
Evidence law starts once a year – in February.
This page describes the module that will start in February 2027.
We expect it to start for the last time in February 2030.
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