Syllabus for Evidence
1. Introduction
- Principal items and classification of evidence
- Relevance
- Admissibility
- Best evidence rule
- Probativeness and prejudice
- Judicial discretion to exclude
2. Burden and standard of Proof
- Legal burdens
- Evidential burden
- Criminal standard of proof
- Civil standard of proof
3. Proof without evidence
- Presumptions
- Judicial notice
- Formal admissions
4. Division of functions between judge and jury
- Questions of law and fact
- The voir dire and challenges to admissibility
- Sufficiency of evidence
5. Witnesses (1) – Competence and compellability
- Accused and co-accused
- Spouse
- Children
- Miscellaneous cases (diplomats, persons of unsound mind etc)
6. Witnesses (2) – Character
- Relevance
- Good character
- Bad character
7. Witnesses (3) – General
- Examination in chief
- Cross examination
- Corroboration
- Protection of vulnerable witnesses
- Warnings for special witnesses in criminal cases
8. Course of evidence
- Rule against prior consistent statements
- Refreshing memory
- Hostile witnesses
- Prior inconsistent statements
- Collateral questions
- Evidence in rebuttal
9. Opinion Evidence
- Non-expert opinion evidence
- Expert opinion evidence
- Ultimate issues
10. The Rule Against Hearsay
- Development of the rule and rationale
- General principles
- Exceptions
11. Admissions and confession
- Definitions
- Oppression
- Voluntariness
- Unreliability
- Implication of co-accused
- Derivative evidence
- Mixed statement rule
12. Evidence unfairly or illegally obtained
- The common law
- Statute
- Human rights
- Judicial discretion as to
13. Privilege
- General principles
- Legal professional privilege
- Privilege against self-incrimination
- Marital privilege
14. Identification Evidence
- The General Rule
- Proof of Identity of the Accused
- Visual Identification
- Weight of Evidence of Visual Identification
15. Similar Fact Evidence
- The General Rule
- Similar Facts to Rebut Defence
- Instances where Similar Fact Evidence is Admissible
- Similar Fact and Corroboration
- Evidence of Fact connected with the Offence
Note: The syllabus for this subject is based on the PECA website, which is the official website of the PCLL Conversion Examination Board. The syllabus may be subject to change or revision by the Board at any time. Please refer to the PECA website for the latest and accurate information on the exam syllabus.