Assignment Instructions/ Description
Faculty of Business and Law Assignment Brief Mode C and Q Regulations Module Title: Evidence Assignment Number Coursework 2 Module Code: 383CLS Assignment Title Assessment of Case Module Leader: Hilary Marsh Assignment Weighting 70% Release Date: January 2021 Submission Date/Time: 7th April 2021 at 18:00 Submission Time and Place: Submission through Turnitin ONLY Assessment Information This assignment is designed to assess learning outcomes: • Critically review the historical development of, and the principles underlying, the law of evidence • Critically evaluate the rules of evidence and relevant case law • Critically evaluate and review information and concepts from a range of sources and utilize that ability to apply the rules of evidence to a hypothetical scenario • Critically review and consolidate a body of knowledge and to critically evaluate proposals for reform (where applicable) This assignment is an individual assignment. This assignment requires you to complete the following: Prepare a written advice explaining whether or not there is sufficient evidence to provide a realistic prospect of conviction (using only the Evidential Stage of the Crown Prosecution Service’s Full Code Test) against Umit Yalcin and Marc Taylor (from your case study for this module). Criteria for Assessment Criteria for Assessment This assessment requires you to apply the ‘evidential stage’ of the Code for Crown Prosecutors https://www.cps.gov.uk/publication/code-crown-prosecutors. You will have to take into account all the evidence contained in the case study. Using the evidential stage of the Full Code Test you should specifically address the following: (a) Can the evidence be used in court: you should consider admissibility and the importance of that evidence to the case as a whole (b) Is the evidence reliable? Are there any reasons to question the reliability of the evidence, including its accuracy or integrity (this will include issues over credibility of witnesses and the strength of the evidence) (c) Is there any other material that might affect the sufficiency of the evidence? You must therefore consider the following matters: • The burden and standard of proof • What are the facts in issue in this case? • Are any facts in dispute? • Assess witnesses? Can they give evidence are they competent and/or compellable? • What identification issues arise? • Are there any issues over character or hearsay? • Assess credibility of the witnesses • Are there any other evidentials issues to consider? You will be expected to come up with a conclusion as to whether there is sufficient evidence to provide a realistic conviction. PLEASE NOTE: YOU DO NOT NEED TO APPLY THE PUBLIC INTEREST TEST OF THE FULL CODE TEST. Word Count The word count is 2000. There will be a penalty of a deduction of 10% of the mark (after internal moderation) for work exceeding the word limit by 10% or more. The word limit includes quotations and citations, but excludes the references list. How to submit your assessment The assessment must be submitted by 18:00 on 7th April 2021. No paper copies are required. You can access the submission link through the module web. • Your coursework will be given a zero mark if you do not submit a copy through Turnitin. Please take care to ensure that you have fully submitted your work. • Please ensure that you have submitted your work using the correct file format, unreadable files will receive a mark of zero. The Faculty accepts Microsoft Office and PDF documents, unless otherwise advised by the module leader. • All work submitted after the submission deadline without a valid and approved reason (see below) will be given a mark of zero. • The University wants you to do your best. However we know that sometimes events happen which mean that you can’t submit your coursework by the deadline – these events should be beyond your control and not easy to predict. If this happens, you can apply for an extension to your deadline for up to two weeks, or if you need longer, you can apply for a deferral, which takes you to the next assessment period (for example, to the resit period following the main Assessment Boards). You must apply before the deadline. You will find information about the process and what is or is not considered to be an event beyond your control at https://share.coventry.ac.uk/students/Registry/Pages/Deferrals-and-Extension.aspx • Students MUST keep a copy and/or an electronic file of their assignment. • Checks will be made on your work using anti-plagiarism software and approved plagiarism checking websites. GUIDELINES AND BACKGROUND TO THIS ASSIGNMENT Plagiarism As part of your study you will be involved in carrying out research and using this when writing up your coursework. It is important that you correctly acknowledge someone else’s writing, thoughts or ideas and that you do not attempt to pass this off as your own work. Doing so is known as plagiarism. It is not acceptable to copy from another source without acknowledging that it is someone else’s writing or thinking. This includes using paraphrasing as well as direct quotations. You are expected to correctly cite and reference the works of others. The Centre for Academic Writing provides documents to help you get this right. If you are unsure, please visit www.coventry.ac.uk/caw. You can also check your understanding of academic conduct by completing the Good Academic Practice quiz available. Self-plagiarism or reuse of work previously submitted You must not submit work for assessment that you have already submitted (partially or in full), either for your current course or for another qualification of this and any other university, unless this is specifically provided for in your assignment brief or specific course or module information. Where earlier work by you is citable, ie. it has already been published/submitted, you must reference it clearly. Identical pieces of work submitted concurrently will also be considered to be self-plagiarism. Self-plagiarism is unacceptable because you cannot gain credit for the same work twice. The University VLE includes a plagiarism detection system and assessors are experienced enough to recognise plagiarism when it occurs. Copying another student’s work, using previous work of your own or copying large sections from a book or the internet are examples of plagiarism and carry serious consequences. If you are a business student and joined Coventry University in September 2020 or later please use APA 7th edition referencing, if you joined prior to this date you may use APA or the existing Harvard Reference Style (Coventry version) that you are familiar with. Law students should use OSCOLA. Please be consistent in the referencing style that you use and use it correctly to avoid a case of plagiarism or cheating being brought. If you are unsure, please contact the Centre for Academic Writing, your Progress Coach or a member of the course team. Return of Marked Work You can expect to have marked work returned to you 21st April. If for any reason there is a delay you will be kept informed. Marks and feedback will be provided online. As always, marks will have been internally moderated only, and will therefore be provisional; your mark will be formally agreed later in the year once the external examiner has completed his / her review.
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