456Z0053 Law of Evidence Assignment Brief 2024-25 | MMU

456Z0053 Learning Outcomes:

• Apply the principles of the law of Evidence to contextualised, real-world legal problems.
• Construct authority-backed solutions to legal theoretical and practical problems, using a wide range of relevant sources.
• Communicate clearly in a professional style and format.

Assignment Task

Part A - Compulsory

Question One 

Francis, Jakub, and Neil have been charged with conspiracy to supply cocaine. The prosecution’s case is that, working together, they have been attempting to take over the illegal drug market in Manchester.   

When Francis was arrested by the police, he was taken to the police station and interviewed under caution. At the start of the interview, Francis refused to answer any of PC Higgins’ questions, stating, “No comment,” when a question was asked.  PC Higgins started to lose his patience, calling Francis, “a horrible bastard” and telling him about a high school student who died due to an overdose last week.  PC Higgins then started to become more verbally abusive towards Francis before slapping him on the face.  When PC Higgins raised his hand againFrancis shouted, “How do you know it was our cocaine? It could have been someone else’s!”  Francis did not answer any other questions.

The following day, the police located and arrested Jakub and Neil.  Jakub has a personality disorder, which makes him particularly suggestible, and medical evidence shows that he has a mental age of 15.  Jakub declined to have a solicitor present during his interview. The police told him that only guilty people require legal advice and that he would have to transfer money to his solicitor before he would attend the police station.  When PC Higgins interviewed Jakub, there was only him and Jakub in the interview room.  PC Higgins lied to Jakub at the start of the interview, stating that Francis had told him, “Jakub is the drug dealer, and the main player in Manchester’s drug scene.”  Jakub responded by stating that it was a lie, he was the one who worked for Francis and Neil, and that they did sell drugs, but only on their instructions.  

Neil gave a ‘no comment’ interview, even when advised what Jakub had said in his interview.  PC Higgins was frustrated that there was not enough evidence to charge Neil. at this point) decided to plant a hidden recording device into Neil’s car.  The device recorded Neil on the phone after he was released from the police station, stating, “That idiot! Why did I trust him? Jakub knows all about our operation: where we buy the coke from and all the people who help us sell it.”

The CPS have instructed you as lead Counsel to provide written advice on the admissibility of the above evidence at trial and whether Jakub’s account is evidence against Francis and Neil.

• Abuse of process is not being tested.
• The word limit for BOTH Part A and B is 2000 words (use approximately half the word limit on Part A).
• Part B will be released after workshop 10.

Please note that your bibliography and footnotes do not count towards the word limit. OSCOLA referencing is required.

Assignment Details and Instructions:  

• Structures for answering each part of the assessment have been provided during the lectures and workshops.
• Please do not provide a general description of the facts of the cases. Case facts should only be mentioned if they are being used as part of your application of the law. 
  Do not just rewrite the facts of the question in your answer.  
• Quotes should be in speech marks, short and not something you can explain in your own words.  
• Do not just copy out sections of the relevant statutes. It does not show a high level of knowledge and understanding. Instead, demonstrate your understanding of the statute concerning the application of the law to the facts.
• When citing cases, statutes, and other academic material, please make sure that you comply with OSCOLA.
• Be specific when referring to statutes. Are you referring to the correct subsection, for example, 1
• You need to include a bibliography.  Please make sure it complies with OSCOLA.
• You need to submit to Moodle one Word document.  The single document will include your answer and bibliography.

Research:

• Textbooks
• Credible internet sources (for example the CPS website, not LawTeacher.Net)
• Case comments
• Case judgments (go beyond the textbook when reading the key cases; we will know, and you will get credit for that)
• Journal Articles (only if they relate to your application of the law to the facts of the question)

Support for this Assessment

• Assessment style problem questions have been considered during each workshop.  
• Specific lectures and workshops focus on providing assessment guidance.  
• You should have undertaken a formative assessment during workshop 5.
• On Moodle, there are additional podcasts and interactive activities that provide student feedback.

Professional Skills Developed:

The specific skills being developed by this assignment, essential for employability and lifelong learning, are.

The specific skills being developed by this assignment, essential for employability and lifelong learning, are:

• Ability to assimilate information and to communicate legal knowledge.
• Develop written communication skills that are appropriate in a professional context 
• Legal research
• Time management and the ability to work independently and without close supervision

Marking Criteria

This assessment will be marked using the L6 LLB marking criteria. please see below

LEVEL 6 - LLB Step Marking Descriptors For Examinations and Extended Writing