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99
GCE MARKING SCHEME LAW AS/Advanced SUMMER 2010

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GCE MARKING SCHEME

LAW AS/Advanced

SUMMER 2010

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INTRODUCTION The marking schemes which follow were those used by WJEC for the Summer 2010 examination in GCE LAW. They were finalised after detailed discussion at examiners' conferences by all the examiners involved in the assessment. The conferences were held shortly after the papers were taken so that reference could be made to the full range of candidates' responses, with photocopied scripts forming the basis of discussion. The aim of the conferences was to ensure that the marking schemes were interpreted and applied in the same way by all examiners. It is hoped that this information will be of assistance to centres but it is recognised at the same time that, without the benefit of participation in the examiners' conferences, teachers may have different views on certain matters of detail or interpretation. WJEC regrets that it cannot enter into any discussion or correspondence about these marking schemes. Page Unit 1 - Paper LA1 (AS) 1

Unit 2 - Paper LA2 (AS) 13

Unit 3 - Paper LA3 (A2) - Option 1 24

Unit 3 - Paper LA3 (A2) - Option 2 29

Unit 3 - Paper LA3 (A2) - Option 3 41

Unit 4 - Paper LA4 (A2) - Option 1 54

Unit 4 - Paper LA4 (A2) - Option 2 68

Unit 4 - Paper LA4 (A2) - Option 3 83

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UNIT 1: UNDERSTANDING LEGAL VALUES, STRUCTURES AND PROCESSES

PAPER LA1 (AS)

Answer two questions Q.1 (a) Explain the application of the Civil Procedure Rules. [14] Credit reference to: Demonstrate detailed knowledge of the post-Woolf scenario including

track allocation and case management, the civil procedure rules including pre-action protocols.

Note the reforms made in respect of legal language. Instruction to experts is no longer privileged. Note civil procedure rules provide that a defendant to proceedings

may offer to settle a case by paying a sum of money into court as part of the Part 26 Procedure.

Quality of written communication The quality of written communication is embedded in Assessment Objective 3

of this unit.

Marks AO3 1 Presents effective communication using appropriate legal terminology.

Nonetheless, there may be several errors in grammar, punctuation and spelling, although not enough to detract from communication of meaning.

0 Fails to communicate and present logical argument, including inadequate use of legal terminology. There are significant errors of grammar, punctuation and spelling which detract from communication of meaning.

Marks AO1

Knowledge and Understanding 11-13 Candidates display a sound knowledge and understanding of the subject

content relevant to the question and a good perception of the concepts and principles underlying that subject content. They display a sound understanding of the practical application of the law and are aware of current debate and criticism including the major proposals for reform.

7-10 Candidates display an adequate knowledge and understanding of the subject content relevant to the question and have a perception of some of the concepts and principles underlying that subject content. They display a general understanding of the practical application of the law and are aware of aspects of current debate and criticism.

3-6 Candidates display a limited knowledge and understanding of the subject content relevant to the question with limited insight into some of the concepts and principles underlying that subject content. They display a limited understanding of the practical application of the law and are aware in general terms of some of the current criticisms.

0-2 Candidates display a basic knowledge and understanding of the subject content relevant to the question and/or identify some of the relevant principles. They demonstrate occasional basic insights into some of the concepts and principles underlying the subject content. They display a basic understanding of the practical application of the law.

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(b) Consider whether the Woolf reforms have worked? [11] Credit reference to: The Zander debate in the context of the ten year review. Still difficult to gain access caused by two central features of the rules;

the front end loading of the expense of litigation and the over involvement of the judiciary in managing cases.

Evidence that the number of cases in terms of waiting lists have diminished.

The undermining of the old adversarial culture. The advantage of case management by the introduction of summary

assessment and payment of costs on "interlocutory" summons and applications.

Marks AO3

2 Presents a wholly logical and coherent argument and provides clear application using appropriate legal terminology. This does not mean that there are no errors in grammar, punctuation and spelling but these will only be occasional.

1 Presents a mostly logical and coherent argument and provides a reasonably adequate application using appropriate legal terminology. Whilst there may be errors in grammar, punctuation and spelling, these are not enough to detract from a mostly effective communication of meaning.

Marks AO2

Skills 8-9 Candidates demonstrate a sound evaluation of how the law operates, or an

accurate and well-substantiated application of the law to a given fact situation. This is achieved through their selection of legal authorities, by appropriate methodologies and by their ability to apply the law to a given question. They support their conclusions by citation, analysis and analogy.

6-7 Candidates demonstrate an adequate evaluation of how the law operates, or a generally accurate and substantiated application of the law to a given fact situation. This is achieved through their selection of legal authorities, by appropriate methodologies and by their ability to apply the law to a given question and support their conclusions by citation.

4-5 Candidates demonstrate a limited evaluation of some of the points of how the law operates, or apply the law to a given fact situation in a partly accurate and occasionally unsubstantiated way. This is achieved through a limited selection of legal authorities and limited ability to apply the law to a given question.

0-3 Candidates demonstrate a basic evaluation of one of the simpler points of how the law operates or apply to the law to a given factual situation in a generally inaccurate and unsubstantiated way. There will be little or no reference to legal authorities and points will not be developed. There will be very limited evidence of structure in the candidate's response.

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Q.2 (a) Outline the role of judges in promoting the rule of law? Credit reference to: Definition of the rule of law and delivering judgements in an impartial

manner. The concept of separation of power The emergence of the role of the Lord Chief Justice The significance of the establishment of the Supreme Court. Candidates will be rewarded for citation and discussion where the

principle is discussed.

Marks AO3 1 Presents effective communication using appropriate legal terminology.

Nonetheless, there may be several errors in grammar, punctuation and spelling, although not enough to detract from communication of meaning.

0 Fails to communicate and present logical argument, including inadequate use of legal terminology. There are significant errors of grammar, punctuation and spelling which detract from communication of meaning.

Marks AO1 Knowledge and Understanding

11-13 Candidates display a sound knowledge and understanding of the subject content relevant to the question and a good perception of the concepts and principles underlying that subject content. They display a sound understanding of the practical application of the law and are aware of current debate and criticism including the major proposals for reform.

7-10 Candidates display an adequate knowledge and understanding of the subject content relevant to the question and have a perception of some of the concepts and principles underlying that subject content. They display a general understanding of the practical application of the law and are aware of aspects of current debate and criticism.

3-6 Candidates display a limited knowledge and understanding of the subject content relevant to the question with limited insight into some of the concepts and principles underlying that subject content. They display a limited understanding of the practical application of the law and are aware in general terms of some of the current criticisms.

0-2 Candidates display a basic knowledge and understanding of the subject content relevant to the question and/or identify some of the relevant principles. They demonstrate occasional basic insights into some of the concepts and principles underlying the subject content. They display a basic understanding of the practical application of the law.

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(b) Discuss the extent to which morality should be enforced by the law. [11] Credit reference to: The role of morality and law. The Hart v Devlin debate. The role of legal theorists and the is/ought dichotomy. Candidates will be rewarded for identifying and discussing the role of

appropriate legal theorists.

Marks AO3 2 Presents a wholly logical and coherent argument and provides clear

application using appropriate legal terminology. This does not mean that there are no errors in grammar, punctuation and spelling but these will only be occasional.

1 Presents a mostly logical and coherent argument and provides a reasonably adequate application using appropriate legal terminology. Whilst there may be errors in grammar, punctuation and spelling, these are not enough to detract from a mostly effective communication of meaning.

Marks AO2

Skills 8-9 Candidates demonstrate a sound evaluation of how the law operates, or an

accurate and well-substantiated application of the law to a given fact situation. This is achieved through their selection of legal authorities, by appropriate methodologies and by their ability to apply the law to a given question. They support their conclusions by citation, analysis and analogy.

6-7 Candidates demonstrate an adequate evaluation of how the law operates, or a generally accurate and substantiated application of the law to a given fact situation. This is achieved through their selection of legal authorities, by appropriate methodologies and by their ability to apply the law to a given question and support their conclusions by citation.

4-5 Candidates demonstrate a limited evaluation of some of the points of how the law operates, or apply the law to a given fact situation in a partly accurate and occasionally unsubstantiated way. This is achieved through a limited selection of legal authorities and limited ability to apply the law to a given question.

0-3 Candidates demonstrate a basic evaluation of one of the simpler points of how the law operates or apply to the law to a given factual situation in a generally inaccurate and unsubstantiated way. There will be little or no reference to legal authorities and points will not be developed. There will be very limited evidence of structure in the candidate's response.

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Q.3 (a) Explain the ways in which Government has sought to deal with the problems of unmet legal needs. [14]

Credit reference to: The establishment of Community Legal Service which seeks to

develop a joined up approach to legal services. The extent of the interaction with the Legal Services Commission and

the establishment of a network of good quality, value for money legal providers through Community Legal Services Partnerships.

The significance of the third sector. The bringing together of consortia under one bidding process and the

importance of efficiency. Advantages and disadvantages of the new procedures.

Marks AO3 1 Presents effective communication using appropriate legal terminology.

Nonetheless, there may be several errors in grammar, punctuation and spelling, although not enough to detract from communication of meaning.

0 Fails to communicate and present logical argument, including inadequate use of legal terminology. There are significant errors of grammar, punctuation and spelling which detract from communication of meaning.

Marks AO1 Knowledge and Understanding

11-13 Candidates display a sound knowledge and understanding of the subject content relevant to the question and a good perception of the concepts and principles underlying that subject content. They display a sound understanding of the practical application of the law and are aware of current debate and criticism including the major proposals for reform.

7-10 Candidates display an adequate knowledge and understanding of the subject content relevant to the question and have a perception of some of the concepts and principles underlying that subject content. They display a general understanding of the practical application of the law and are aware of aspects of current debate and criticism.

3-6 Candidates display a limited knowledge and understanding of the subject content relevant to the question with limited insight into some of the concepts and principles underlying that subject content. They display a limited understanding of the practical application of the law and are aware in general terms of some of the current criticisms.

0-2 Candidates display a basic knowledge and understanding of the subject content relevant to the question and/or identify some of the relevant principles. They demonstrate occasional basic insights into some of the concepts and principles underlying the subject content. They display a basic understanding of the practical application of the law.

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(b) Evaluate the effectiveness of conditional fee arrangements. [11] Credit reference to: The reform of legal aid and limited impact of conditional fees. The Legal Services Board has set out how it intends to deliver the

changes required by the Act – more help for those whose income exceed Legal Aid thresholds but who are unable to afford legal services; greater competition in service delivery; swift and effective redress for consumers if things go wrong; greater diversity in the profession; certainty and confidence in the regulative structures underpinning the market.

Marks AO3

2 Presents a wholly logical and coherent argument and provides clear application using appropriate legal terminology. This does not mean that there are no errors in grammar, punctuation and spelling but these will only be occasional.

1 Presents a mostly logical and coherent argument and provides a reasonably adequate application using appropriate legal terminology. Whilst there may be errors in grammar, punctuation and spelling, these are not enough to detract from a mostly effective communication of meaning.

Marks AO2

Skills 8-9 Candidates demonstrate a sound evaluation of how the law operates, or an

accurate and well-substantiated application of the law to a given fact situation. This is achieved through their selection of legal authorities, by appropriate methodologies and by their ability to apply the law to a given question. They support their conclusions by citation, analysis and analogy.

6-7 Candidates demonstrate an adequate evaluation of how the law operates, or a generally accurate and substantiated application of the law to a given fact situation. This is achieved through their selection of legal authorities, by appropriate methodologies and by their ability to apply the law to a given question and support their conclusions by citation.

4-5 Candidates demonstrate a limited evaluation of some of the points of how the law operates, or apply the law to a given fact situation in a partly accurate and occasionally unsubstantiated way. This is achieved through a limited selection of legal authorities and limited ability to apply the law to a given question.

0-3 Candidates demonstrate a basic evaluation of one of the simpler points of how the law operates or apply to the law to a given factual situation in a generally inaccurate and unsubstantiated way. There will be little or no reference to legal authorities and points will not be developed. There will be very limited evidence of structure in the candidate's response.

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Q.4 (a) Explain the role of the Criminal Cases Review Commission on the appeal process. [14]

Credit reference to: Definition of the role of the Commission and the reasons for its

creation. Membership, function and powers of the Commission. The Commission is not an appeal court. Candidates should refer to the extent to which the Commission solves

the problems that it was set up to address, for example, the successful appeal in the Bentley case.

There is evidence of a serious backlog of cases emerging.

Marks AO3 1 Presents effective communication using appropriate legal terminology.

Nonetheless, there may be several errors in grammar, punctuation and spelling, although not enough to detract from communication of meaning.

0 Fails to communicate and present logical argument, including inadequate use of legal terminology. There are significant errors of grammar, punctuation and spelling which detract from communication of meaning.

Marks AO1 Knowledge and Understanding

11-13 Candidates display a sound knowledge and understanding of the subject content relevant to the question and a good perception of the concepts and principles underlying that subject content. They display a sound understanding of the practical application of the law and are aware of current debate and criticism including the major proposals for reform.

7-10 Candidates display an adequate knowledge and understanding of the subject content relevant to the question and have a perception of some of the concepts and principles underlying that subject content. They display a general understanding of the practical application of the law and are aware of aspects of current debate and criticism.

3-6 Candidates display a limited knowledge and understanding of the subject content relevant to the question with limited insight into some of the concepts and principles underlying that subject content. They display a limited understanding of the practical application of the law and are aware in general terms of some of the current criticisms.

0-2 Candidates display a basic knowledge and understanding of the subject content relevant to the question and/or identify some of the relevant principles. They demonstrate occasional basic insights into some of the concepts and principles underlying the subject content. They display a basic understanding of the practical application of the law.

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(b) Discuss the impact of the Criminal Cases Review Commission. [11] Credit reference to: Citation of high profile miscarriage of justice cases. Criminal Appeal Act 1995. Mechanisms by which wrongful convictions can be avoided. It is impossible to create a system where no miscarriage of justice

could ever occur but the aim should be to minimise them.

Marks AO3 2 Presents a wholly logical and coherent argument and provides clear

application using appropriate legal terminology. This does not mean that there are no errors in grammar, punctuation and spelling but these will only be occasional.

1 Presents a mostly logical and coherent argument and provides a reasonably adequate application using appropriate legal terminology. Whilst there may be errors in grammar, punctuation and spelling, these are not enough to detract from a mostly effective communication of meaning.

Marks AO2

Skills 8-9 Candidates demonstrate a sound evaluation of how the law operates, or an

accurate and well-substantiated application of the law to a given fact situation. This is achieved through their selection of legal authorities, by appropriate methodologies and by their ability to apply the law to a given question. They support their conclusions by citation, analysis and analogy.

6-7 Candidates demonstrate an adequate evaluation of how the law operates, or a generally accurate and substantiated application of the law to a given fact situation. This is achieved through their selection of legal authorities, by appropriate methodologies and by their ability to apply the law to a given question and support their conclusions by citation.

4-5 Candidates demonstrate a limited evaluation of some of the points of how the law operates, or apply the law to a given fact situation in a partly accurate and occasionally unsubstantiated way. This is achieved through a limited selection of legal authorities and limited ability to apply the law to a given question.

0-3 Candidates demonstrate a basic evaluation of one of the simpler points of how the law operates or apply to the law to a given factual situation in a generally inaccurate and unsubstantiated way. There will be little or no reference to legal authorities and points will not be developed. There will be very limited evidence of structure in the candidate's response.

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Q.5 (a) Explain the role of jury trial. [14]

Credit reference to:

The development of jury trial under the common law – the Magna Carta of 1215 recognised the right of trial by one's peers as a means of preventing arbitrary justice from the throne. Trial by jury was later the standard against which the oppressive procedures of the Star Chamber were judged and the Bill of Rights 1689 reasserted the right to jury trial as an ancient liberty.

In the context of the developing political history of England and Wales, the jury has been seen to be a key feature of the democratic system – "the lamp that shows that freedom lives" (Devlin).

Candidates will be rewarded for relevant citation, for example, the Clive Ponting case.

Candidates will be rewarded for discussion on measures proposed to limit jury trial, for example, the Criminal Justice Act 1988; the Roskill Committee on Fraud Trials; the Criminal Justice Act 2003; the Diplock Courts and Northern Ireland.

Marks AO3 1 Presents effective communication using appropriate legal terminology.

Nonetheless, there may be several errors in grammar, punctuation and spelling, although not enough to detract from communication of meaning.

0 Fails to communicate and present logical argument, including inadequate use of legal terminology. There are significant errors of grammar, punctuation and spelling which detract from communication of meaning.

Marks AO1 Knowledge and Understanding

11-13 Candidates display a sound knowledge and understanding of the subject content relevant to the question and a good perception of the concepts and principles underlying that subject content. They display a sound understanding of the practical application of the law and are aware of current debate and criticism including the major proposals for reform.

7-10 Candidates display an adequate knowledge and understanding of the subject content relevant to the question and have a perception of some of the concepts and principles underlying that subject content. They display a general understanding of the practical application of the law and are aware of aspects of current debate and criticism.

3-6 Candidates display a limited knowledge and understanding of the subject content relevant to the question with limited insight into some of the concepts and principles underlying that subject content. They display a limited understanding of the practical application of the law and are aware in general terms of some of the current criticisms.

0-2 Candidates display a basic knowledge and understanding of the subject content relevant to the question and/or identify some of the relevant principles. They demonstrate occasional basic insights into some of the concepts and principles underlying the subject content. They display a basic understanding of the practical application of the law.

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(b) Evaluate the reliability of jury trial. [11]

Credit reference to:

The role of juries particularly in complex matters, for example, involving fraud.

The selection and composition of the jury. Occasionally evidence emerges which supports a contention that verdicts are reached on inappropriate criteria, for example, the Young case (1995) where it was found that the verdict was reached using an Ouija spirit board.

Candidates should be rewarded for citation of appropriate legal research, for example, the Baldwin and McConville review in 1979 which found that a significant number of acquittals and some convictions were considered doubtful.

The Auld report on the criminal courts in 2002 recommended that the law should be changed so that juries have no right to acquit in defiance of the law or in disregard of the evidence and that there should be a right of appeal against a "perverse verdict". The Lord Chief Justice, Lord Woolf gave his support of this proposal, provided the jury's decision was against the rational weight of the evidence but not if the perverse verdict was one of principle. He did not give any guidance on how the Court of Appeal was to distinguish these two types of decisions. These proposals from the Auld review were never implemented.

Marks AO3

2 Presents a wholly logical and coherent argument and provides clear application using appropriate legal terminology. This does not mean that there are no errors in grammar, punctuation and spelling but these will only be occasional.

1 Presents a mostly logical and coherent argument and provides a reasonably adequate application using appropriate legal terminology. Whilst there may be errors in grammar, punctuation and spelling, these are not enough to detract from a mostly effective communication of meaning.

Marks AO2

Skills

8-9 Candidates demonstrate a sound evaluation of how the law operates, or an accurate and well-substantiated application of the law to a given fact situation. This is achieved through their selection of legal authorities, by appropriate methodologies and by their ability to apply the law to a given question. They support their conclusions by citation, analysis and analogy.

6-7 Candidates demonstrate an adequate evaluation of how the law operates, or a generally accurate and substantiated application of the law to a given fact situation. This is achieved through their selection of legal authorities, by appropriate methodologies and by their ability to apply the law to a given question and support their conclusions by citation.

4-5 Candidates demonstrate a limited evaluation of some of the points of how the law operates, or apply the law to a given fact situation in a partly accurate and occasionally unsubstantiated way. This is achieved through a limited selection of legal authorities and limited ability to apply the law to a given question.

0-3 Candidates demonstrate a basic evaluation of one of the simpler points of how the law operates or apply to the law to a given factual situation in a generally inaccurate and unsubstantiated way. There will be little or no reference to legal authorities and points will not be developed. There will be very limited evidence of structure in the candidate's response.

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Q.6 (a) Explain the reasons for the development of equity. [14] Credit reference to: Outline the contribution of equity. The imposition of a unitary system under the control of the King. Increasing formalisation of the common law through forms of action. The emergence of the Judicature Acts.

Marks AO3 1 Presents effective communication using appropriate legal terminology.

Nonetheless, there may be several errors in grammar, punctuation and spelling, although not enough to detract from communication of meaning.

0 Fails to communicate and present logical argument, including inadequate use of legal terminology. There are significant errors of grammar, punctuation and spelling which detract from communication of meaning.

Marks AO1 Knowledge and Understanding

11-13 Candidates display a sound knowledge and understanding of the subject content relevant to the question and a good perception of the concepts and principles underlying that subject content. They display a sound understanding of the practical application of the law and are aware of current debate and criticism including the major proposals for reform.

7-10 Candidates display an adequate knowledge and understanding of the subject content relevant to the question and have a perception of some of the concepts and principles underlying that subject content. They display a general understanding of the practical application of the law and are aware of aspects of current debate and criticism.

3-6 Candidates display a limited knowledge and understanding of the subject content relevant to the question with limited insight into some of the concepts and principles underlying that subject content. They display a limited understanding of the practical application of the law and are aware in general terms of some of the current criticisms.

0-2 Candidates display a basic knowledge and understanding of the subject content relevant to the question and/or identify some of the relevant principles. They demonstrate occasional basic insights into some of the concepts and principles underlying the subject content. They display a basic understanding of the practical application of the law.

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(b) Evaluate the impact of the European Court of Justice in the development of law in England and Wales. [11]

Credit reference to: The common law as a system of law and the impact of the European

Court of Justice. The composition of the European Court of Justice. The role of the Judge Rapporteur. The development of common law and statutory law and the role of

the European Court of Justice in respect of declaring incompatibility in respect of Human Rights obligations.

Powers of ECJ Nature of judgements and their effect. Relevant citation

Marks AO3 2 Presents a wholly logical and coherent argument and provides clear

application using appropriate legal terminology. This does not mean that there are no errors in grammar, punctuation and spelling but these will only be occasional.

1 Presents a mostly logical and coherent argument and provides a reasonably adequate application using appropriate legal terminology. Whilst there may be errors in grammar, punctuation and spelling, these are not enough to detract from a mostly effective communication of meaning.

Marks AO2

Skills 8-9 Candidates demonstrate a sound evaluation of how the law operates, or an

accurate and well-substantiated application of the law to a given fact situation. This is achieved through their selection of legal authorities, by appropriate methodologies and by their ability to apply the law to a given question. They support their conclusions by citation, analysis and analogy.

6-7 Candidates demonstrate an adequate evaluation of how the law operates, or a generally accurate and substantiated application of the law to a given fact situation. This is achieved through their selection of legal authorities, by appropriate methodologies and by their ability to apply the law to a given question and support their conclusions by citation.

4-5 Candidates demonstrate a limited evaluation of some of the points of how the law operates, or apply the law to a given fact situation in a partly accurate and occasionally unsubstantiated way. This is achieved through a limited selection of legal authorities and limited ability to apply the law to a given question.

0-3 Candidates demonstrate a basic evaluation of one of the simpler points of how the law operates or apply to the law to a given factual situation in a generally inaccurate and unsubstantiated way. There will be little or no reference to legal authorities and points will not be developed. There will be very limited evidence of structure in the candidate's response.

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UNIT 2: UNDERSTANDING LEGAL REASONING, PERSONNEL AND METHODS

PAPER LA2 (AS)

Answer two questions Q.1 Study the text below and answer the questions based on it. "The year saw the first occasion since the coming into force of the Human Rights Act

1998 in 2000 when a decision of the House of Lords on the interpretation of the European Convention on Human Rights was overturned by the European Court of Human Rights. In S and Marper v UK (decision of 4 December 2008) the Strasbourg court disapproved of the House's decision in R (S) and (Marper) v Chief Constable of the South Yorkshire Police [2004] UKHL39 and held that English law's blanket policy of retaining fingerprints and DNA samples taken from persons who were not later convicted of the offence being investigated was a breach of the right to a private life guaranteed by Art 8 of the European Convention."

Source: Dickson, New Law Journal 23rd January 2009 (a) Explain the effect of the Human Rights Act 1998 on English and Welsh

Law. [4] Credit reference to: The traditional English approach to Human Rights and the changes

brought into effect by the Human Rights Act 1998 in implementing the ECHR.

Reference to the main provisions of the Act especially Sections 2, 3 and 4

The most far reaching provision of the Human Rights Act is Section 6 and the declarations of incompatibility.

Credit citation for key Human Rights Act cases. The Human Rights Act has undoubtedly created a new legal regime in

England and Wales and has contributed to the development of a more constitutionalised political system.

Quality of written communication The quality of written communication is embedded in Assessment Objective 3

of this unit.

Marks AO3 1 Presents effective communication using appropriate legal terminology.

Nonetheless, there may be several errors in grammar, punctuation and spelling, although not enough to detract from communication of meaning.

0 Fails to communicate and present logical argument, including inadequate use of legal terminology. There are significant errors of grammar, punctuation and spelling which detract from communication of meaning.

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Marks AO1 Knowledge and Understanding

11-13 Candidates display a sound knowledge and understanding of the subject content relevant to the question and a good perception of the concepts and principles underlying that subject content. They display a sound understanding of the practical application of the law and are aware of current debate and criticism including the major proposals for reform.

7-10 Candidates display an adequate knowledge and understanding of the subject content relevant to the question and have a perception of some of the concepts and principles underlying that subject content. They display a general understanding of the practical application of the law and are aware of aspects of current debate and criticism.

3-6 Candidates display a limited knowledge and understanding of the subject content relevant to the question with limited insight into some of the concepts and principles underlying that subject content. They display a limited understanding of the practical application of the law and are aware in general terms of some of the current criticisms.

0-2 Candidates display a basic knowledge and understanding of the subject content relevant to the question and/or identify some of the relevant principles. They demonstrate occasional basic insights into some of the concepts and principles underlying the subject content. They display a basic understanding of the practical application of the law.

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(b) Evaluate the role of the European Court of Human Rights in English and Welsh Law. [11]

Credit reference to:

Unlike declarations of incompatibility the Government has an obligation to implement decisions of the European Court of Human Rights which are deemed to be contrary to the ECHR.

The role of the Ministry of Justice in co-ordinating the Governments response to adverse Human Rights judgements.

The establishment of the work of the Parliamentary Assembly of the Council of Europe and its scrutiny of the execution of judgements of the European Court of Human Rights. The role of the Rapporteur.

Statistics prepared by the Committee of Ministers show that the UK takes a relatively positive approach to its convention obligation to implement the judgements of the European Court of Human Rights.

Credit should be given for relevant citation, for example, the cases dealing with prisoners voting rights; freedom of association and the role of Trade Unions.

The role of the Joint Committee on Human Rights in monitoring compliance by the UK Government of Human Rights issues and in particular the ECHR.

Marks AO3 1 Presents effective communication using appropriate legal terminology.

Nonetheless, there may be several errors in grammar, punctuation and spelling, although not enough to detract from communication of meaning.

0 Fails to communicate and present logical argument, including inadequate use of legal terminology. There are significant errors of grammar, punctuation and spelling which detract from communication of meaning.

Marks AO2 Skills

8-9 Candidates demonstrate a sound evaluation of how the law operates, or an accurate and well-substantiated application of the law to a given fact situation. This is achieved through their selection of legal authorities, by appropriate methodologies and by their ability to apply the law to a given question. They support their conclusions by citation, analysis and analogy.

6-7 Candidates demonstrate an adequate evaluation of how the law operates, or a generally accurate and substantiated application of the law to a given fact situation. This is achieved through their selection of legal authorities, by appropriate methodologies and by their ability to apply the law to a given question and support their conclusions by citation.

4-5 Candidates demonstrate a limited evaluation of some of the points of how the law operates, or apply the law to a given fact situation in a partly accurate and occasionally unsubstantiated way. This is achieved through a limited selection of legal authorities and limited ability to apply the law to a given question.

0-3 Candidates demonstrate a basic evaluation of one of the simpler points of how the law operates or apply to the law to a given factual situation in a generally inaccurate and unsubstantiated way. There will be little or no reference to legal authorities and points will not be developed. There will be very limited evidence of structure in the candidate's response.

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Q.2 Study the text and answer the questions based on it.

"The Supreme Court The Constitutional Reform Act 2005 made provision for the creation of a new

Supreme Court for the United Kingdom. There have, in recent years, been mounting calls for the creation of a new free standing Supreme Court separating the highest appeal court from the second house of Parliament, and removing the Lords of Appeal in Ordinary from the legislature."

Source: Ministry of Justice Webiste

(a) Explain the role of the Supreme Court. [14]

Credit reference to:

Distinction between the role of the Supreme Court and that historically exercised by the House of Lords.

The new Supreme Court will be a United Kingdom body legally separate from the England/Wales courts since it will also be the Supreme Court of both Scotland and Northern Ireland. As such it falls outside the remit of the Lord Chief Justice of England and Wales in his role of Head of the Judiciary of England and Wales.

The reasons for the establishment of the Supreme Court and in particular the doctrine of separation of powers.

Marks AO3 1 Presents effective communication using appropriate legal terminology.

Nonetheless, there may be several errors in grammar, punctuation and spelling, although not enough to detract from communication of meaning.

0 Fails to communicate and present logical argument, including inadequate use of legal terminology. There are significant errors of grammar, punctuation and spelling which detract from communication of meaning.

Marks AO1 Knowledge and Understanding

11-13 Candidates display a sound knowledge and understanding of the subject content relevant to the question and a good perception of the concepts and principles underlying that subject content. They display a sound understanding of the practical application of the law and are aware of current debate and criticism including the major proposals for reform.

7-10 Candidates display an adequate knowledge and understanding of the subject content relevant to the question and have a perception of some of the concepts and principles underlying that subject content. They display a general understanding of the practical application of the law and are aware of aspects of current debate and criticism.

3-6 Candidates display a limited knowledge and understanding of the subject content relevant to the question with limited insight into some of the concepts and principles underlying that subject content. They display a limited understanding of the practical application of the law and are aware in general terms of some of the current criticisms.

0-2 Candidates display a basic knowledge and understanding of the subject content relevant to the question and/or identify some of the relevant principles. They demonstrate occasional basic insights into some of the concepts and principles underlying the subject content. They display a basic understanding of the practical application of the law.

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(b) Read the following and consider the application of doctrine of precedent in this case [11]

On May 18 2010 an emergency application was made to a family division

judge by a hospital in respect of a refusal of treatment by an adult woman. The adult woman had been in labour for more than 2 days with her third child. The pregnancy was full term. Labour was obstructed and the lives of the mother and the child were at risk. There was evidence that in order to save both lives an emergency operation had to be performed on the mother. Both she and her husband refused consent to the operation on religious grounds. The hospital is seeking a declaration that the operation can be performed lawfully even without the mother's consent. The issue of the mother's consent to an operation on her own body was left open in a previous case called Re-X (Adult: Refusal of Treatment) and there is no English authority which is directly in point. There is however some American and European Authorities which suggest that if the case was being heard in American courts or in some European jurisdictions the answer would be likely to be in favour of granting a declaration in these circumstances.

Credit reference: The role of precedent particularly in emergency applications. The different types of legal reasoning available particularly in the light

of no direct precedent, for example, reasoning by analogy. The hierarchy of courts. The significance of precedent in common law jurisdiction and the

distinction between the citation value of American case law verses European case law.

Marks AO3

2 Presents a wholly logical and coherent argument and provides clear application using appropriate legal terminology. This does not mean that there are no errors in grammar, punctuation and spelling but these will only be occasional.

1 Presents a mostly logical and coherent argument and provides a reasonably adequate application using appropriate legal terminology. Whilst there may be errors in grammar, punctuation and spelling, these are not enough to detract from a mostly effective communication of meaning.

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Marks AO2

Skills 8-9 Candidates demonstrate a sound evaluation of how the law operates, or an

accurate and well-substantiated application of the law to a given fact situation. This is achieved through their selection of legal authorities, by appropriate methodologies and by their ability to apply the law to a given question. They support their conclusions by citation, analysis and analogy.

6-7 Candidates demonstrate an adequate evaluation of how the law operates, or a generally accurate and substantiated application of the law to a given fact situation. This is achieved through their selection of legal authorities, by appropriate methodologies and by their ability to apply the law to a given question and support their conclusions by citation.

4-5 Candidates demonstrate a limited evaluation of some of the points of how the law operates, or apply the law to a given fact situation in a partly accurate and occasionally unsubstantiated way. This is achieved through a limited selection of legal authorities and limited ability to apply the law to a given question.

0-3 Candidates demonstrate a basic evaluation of one of the simpler points of how the law operates or apply to the law to a given factual situation in a generally inaccurate and unsubstantiated way. There will be little or no reference to legal authorities and points will not be developed. There will be very limited evidence of structure in the candidate's response.

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Q.3 Study the text below and answer the questions based on it. Judiciary Annual Diversity Statistics – as at 1st April 2008

Post Total Female No.

Female %

Of Ethnic Minority Origin

No.

Of Ethnic Minority Origin

% Lords of Appeal in Ordinary 12 1 8.33% 0 0.00%

Heads of Division 5 0 0.0% 0 0.00%

Lord of Justices of Appeal 37 3 8.1% 0 0.00%

High Court Judges 110 11 10% 3 2.72%

Circuit Judges 653 87 13.32% 20 3.06%

Recorders 1305 194 14.86% 61 4.67%

Judge Advocates 9 0 0.00% 0 0.00%

Deputy Judge Advocates 12 1 8.33% 0 0.00%

District Judges 438 98 22.37% 20 4.56%

Deputy District Judges 773 211 27.29% 31 4.01%

District Judges (MC) 136 31 22.79% 3 2.2%

Deputy District Judges (MC) 167 40 23.95% 12 7.18%

Masters, Registrars, Costs Judges and DJ (PFRD)

48 11 22.91% 1 2.08%

Deputy Masters, Registrars, Deputy Costs Judges and DJ (PRFD)

115 39 33.91% 5 4.34%

Total 3820 727 19.03% 156 4.08%

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(a) Explain the significance of Judges as being representative of society. [14]

Credit reference to:

Unrepresentative of sectors of society notably women and racial minorities. Griffiths and the politics of the judiciary.

Judges and the legitimacy of the legal system and the role of Judges in interpreting the law.

The impact of failure to ensure that Judges are not a statistical cross section of society is that it is not possible for people to understand and empathise with those who are not from the same background.

Marks AO3 1 Presents effective communication using appropriate legal terminology.

Nonetheless, there may be several errors in grammar, punctuation and spelling, although not enough to detract from communication of meaning.

0 Fails to communicate and present logical argument, including inadequate use of legal terminology. There are significant errors of grammar, punctuation and spelling which detract from communication of meaning.

Marks AO1 Knowledge and Understanding

11-13 Candidates display a sound knowledge and understanding of the subject content relevant to the question and a good perception of the concepts and principles underlying that subject content. They display a sound understanding of the practical application of the law and are aware of current debate and criticism including the major proposals for reform.

7-10 Candidates display an adequate knowledge and understanding of the subject content relevant to the question and have a perception of some of the concepts and principles underlying that subject content. They display a general understanding of the practical application of the law and are aware of aspects of current debate and criticism.

3-6 Candidates display a limited knowledge and understanding of the subject content relevant to the question with limited insight into some of the concepts and principles underlying that subject content. They display a limited understanding of the practical application of the law and are aware in general terms of some of the current criticisms.

0-2 Candidates display a basic knowledge and understanding of the subject content relevant to the question and/or identify some of the relevant principles. They demonstrate occasional basic insights into some of the concepts and principles underlying the subject content. They display a basic understanding of the practical application of the law.

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(b) Evaluate the way in which Judges are appointed. [11] Credit reference to: Establishment of the judicial appointments commission in 2006

intended to improve on the traditional arrangements for the appointment of the judiciary.

Criteria clearly established with scoring mechanisms. Description of the judicial process of appointment. Discrimination and the judiciary, for example, the 1992 survey Without

Prejudice? The work of writers such as Pannick. Statistical evidence as seen in DCA statistics does show some

improvement in terms of social background and also gender and ethnicity in terms of judicial appointments made particularly at lower levels.

Marks AO3

2 Presents a wholly logical and coherent argument and provides clear application using appropriate legal terminology. This does not mean that there are no errors in grammar, punctuation and spelling but these will only be occasional.

1 Presents a mostly logical and coherent argument and provides a reasonably adequate application using appropriate legal terminology. Whilst there may be errors in grammar, punctuation and spelling, these are not enough to detract from a mostly effective communication of meaning.

Marks AO2

Skills 8-9 Candidates demonstrate a sound evaluation of how the law operates, or an

accurate and well-substantiated application of the law to a given fact situation. This is achieved through their selection of legal authorities, by appropriate methodologies and by their ability to apply the law to a given question. They support their conclusions by citation, analysis and analogy.

6-7 Candidates demonstrate an adequate evaluation of how the law operates, or a generally accurate and substantiated application of the law to a given fact situation. This is achieved through their selection of legal authorities, by appropriate methodologies and by their ability to apply the law to a given question and support their conclusions by citation.

4-5 Candidates demonstrate a limited evaluation of some of the points of how the law operates, or apply the law to a given fact situation in a partly accurate and occasionally unsubstantiated way. This is achieved through a limited selection of legal authorities and limited ability to apply the law to a given question.

0-3 Candidates demonstrate a basic evaluation of one of the simpler points of how the law operates or apply to the law to a given factual situation in a generally inaccurate and unsubstantiated way. There will be little or no reference to legal authorities and points will not be developed. There will be very limited evidence of structure in the candidate's response.

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Q.4 Study the text and answer the question based on it.

'"reference to Parliamentary material should be permitted as an aid to the construction of legislation which is ambiguous or obscure or the literal meaning of which leads to an absurdity."

[Lord Browne-Wilkinsom in Pepper v Hart (1992)]

(a) Explain the role of Hansard in the interpretation of statutes. [14] Credit reference to:

Discussion of Hansard within the context of the various canons of interpretation.

The historic position and the significance of Pepper v Hart ruling that in limited circumstances the courts could refer to Hansard.

Restrictions on referring to Hansard, for example, Wilson v Secretary of State for Trade & Industry (2003) where the House of Lords imposed restrictions on when the courts could refer to Hansard. Only statements made by a Minister or other promoter of legislation can be looked at by the court, other statements recorded in Hansard have to be ignored.

Policy considerations on courts seeking to interpret the wishes of parliament.

Marks AO3 1 Presents effective communication using appropriate legal terminology.

Nonetheless, there may be several errors in grammar, punctuation and spelling, although not enough to detract from communication of meaning.

0 Fails to communicate and present logical argument, including inadequate use of legal terminology. There are significant errors of grammar, punctuation and spelling which detract from communication of meaning.

Marks AO1 Knowledge and Understanding

11-13 Candidates display a sound knowledge and understanding of the subject content relevant to the question and a good perception of the concepts and principles underlying that subject content. They display a sound understanding of the practical application of the law and are aware of current debate and criticism including the major proposals for reform.

7-10 Candidates display an adequate knowledge and understanding of the subject content relevant to the question and have a perception of some of the concepts and principles underlying that subject content. They display a general understanding of the practical application of the law and are aware of aspects of current debate and criticism.

3-6 Candidates display a limited knowledge and understanding of the subject content relevant to the question with limited insight into some of the concepts and principles underlying that subject content. They display a limited understanding of the practical application of the law and are aware in general terms of some of the current criticisms.

0-2 Candidates display a basic knowledge and understanding of the subject content relevant to the question and/or identify some of the relevant principles. They demonstrate occasional basic insights into some of the concepts and principles underlying the subject content. They display a basic understanding of the practical application of the law.

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(b) Using your knowledge of statutory interpretation, consider whether an offence has been committed in the situation set out below. [11]

Great concern was expressed in 2008 about the depletion of fish stocks particularly by ocean going trawlers. As a result Parliament passed the Coastal Waters (Prevention of Fishing) Fictitious Act 2009.

Coastal Waters (Prevention of Fishing) Fictitious Act 2009

Section 1. Any fishing boat under 100 tons which fishes within 5 miles of

the coast will require a licence.

Section 2. Any fishing in coastal waters undertaken in the course of a business and conducted without a licence constitutes a criminal offence.

Walter, who operates a 1,000 ton ocean going trawler and is therefore ineligible to hold a licence pays Alison, who holds a licence in respect of a small fishing boat, £10,000, on the understanding that Alison would give him first refusal on all her catches. Alison has returned from a fishing trip with a full catch and offered them to Walter where upon he was arrested and charged under the Act. Advise Walter.

Credit reference to:

Application of different rules to scenario. Application of other aides of interpretation. Discussion of the purpose of the Act and the need to interpret criminal

legislation strictly. Ambiguity as to what is meant by licence holder and also the mischief

underlying the Act.

Marks AO3

2 Presents a wholly logical and coherent argument and provides clear application using appropriate legal terminology. This does not mean that there are no errors in grammar, punctuation and spelling but these will only be occasional.

1 Presents a mostly logical and coherent argument and provides a reasonably adequate application using appropriate legal terminology. Whilst there may be errors in grammar, punctuation and spelling, these are not enough to detract from a mostly effective communication of meaning.

Marks AO2

Skills

8-9 Candidates demonstrate a sound evaluation of how the law operates, or an accurate and well-substantiated application of the law to a given fact situation. This is achieved through their selection of legal authorities, by appropriate methodologies and by their ability to apply the law to a given question. They support their conclusions by citation, analysis and analogy.

6-7 Candidates demonstrate an adequate evaluation of how the law operates, or a generally accurate and substantiated application of the law to a given fact situation. This is achieved through their selection of legal authorities, by appropriate methodologies and by their ability to apply the law to a given question and support their conclusions by citation.

4-5 Candidates demonstrate a limited evaluation of some of the points of how the law operates, or apply the law to a given fact situation in a partly accurate and occasionally unsubstantiated way. This is achieved through a limited selection of legal authorities and limited ability to apply the law to a given question.

0-3 Candidates demonstrate a basic evaluation of one of the simpler points of how the law operates or apply to the law to a given factual situation in a generally inaccurate and unsubstantiated way. There will be little or no reference to legal authorities and points will not be developed. There will be very limited evidence of structure in the candidate's response.

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UNIT 3: UNDERSTANDING SUBSTANTIVE LAW: FREEDOM, THE STATE AND THE INDIVIDUAL

OPTION 1: CONTRACT AND CONSUMER LAW

PAPER LA3 (A2)

Q.1 Study the text and answer the questions based on it. Harold sells books including rare books. Joanne collects first editions of early

romance novels. Joanne visited Harold's shop and Harold showed her a romance novel by Enid Blyton which he described was a first edition. Joanne had always wanted to buy a first edition by Enid Blyton and Harold told her that it was worth £2,000. In fact Harold had bought the book in a car boot sale where it was known that a number of first edition books sold were false. Joanne agreed to buy the book for £1,500. Some years later she took the book to be valued and was told that it was a fake and was only worth £2.50.

(a) In the light of reported case law advise Joanne as to whether there was

a misrepresentation. [14] Credit reference to:

• Distinction between fraudulent misrepresentation, negligent misrepresentation and innocent misrepresentation.

• Misrepresentation in respect of facts. Compare opinion honestly held. • Relevant citation. • The limits of rescission.

Quality of written communication The quality of written communication is embedded in Assessment Objective 3 of this unit.

Marks AO3

1 Presents effective communication using appropriate legal terminology. Nonetheless, there may be several errors in grammar, punctuation and spelling, although not enough to detract from communication of meaning.

0 Fails to communicate and present logical argument, including inadequate use of legal terminology. There are significant errors of grammar, punctuation and spelling which detract from communication of meaning.

AO2

Marks Skills

11-13

Candidates demonstrate a sound evaluation of how the law operates, or an accurate and well-substantiated application of the law to a given fact situation. This is achieved through their selection of legal authorities, by appropriate methodologies and by their ability to apply the law to a given question. They support their conclusions by citation, analysis and analogy.

7-10

Candidates demonstrate an adequate evaluation of how the law operates, or a generally accurate and substantiated application of the law to a given fact situation. This is achieved through their selection of legal authorities, by appropriate methodologies and by their ability to apply the law to a given question and support their conclusions by citation.

5-6

Candidates demonstrate a limited evaluation of some of the points of how the law operates, or apply the law to a given fact situation in a partly accurate and occasionally unsubstantiated way. This is achieved through a limited selection of legal authorities and limited ability to apply the law to a given question.

0-2

Candidates demonstrate a basic evaluation of one of the simpler points of how the law operates or apply the law to a given factual situation in a generally inaccurate and unsubstantiated way. There will be little or no reference to legal authorities and points will not be developed. There will be very limited evidence of structure in the candidate's response.

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(b) Explain the importance if any of statutory interpretation in the application of the Misrepresentation Act 1967 to the above scenario.

[11] Credit reference to:

• The approaches to statutory interpretation and understanding the various rules.

• The coexistence of the common law and statute. • The intervention of the Misrepresentation Act 1967 into the common

law and the distinction between section 2 (i) and Section 2 (ii) of the 1967 Act. The various approaches to statutory interpretation. The concept of damages being awarded in lieu of rescission.

• Relevant citation, for example, Royscot Trust v Rogerson. • The fiction of fraud under the Misrepresentation Act and the

significance of statutory interpretation. Marks AO3

2 Presents a wholly logical and coherent argument and provides clear application using appropriate legal terminology. This does not mean that there are no errors in grammar, punctuation and spelling but these will only be occasional.

2

Presents a mostly logical and coherent argument and provides a reasonably adequate application using appropriate legal terminology. Whilst there may be error in grammar, punctuation and spelling, these are not enough to detract from a mostly effective communication of meaning,

AO1

Marks Knowledge and Understanding

8-9

Candidates display a sound knowledge and understanding of the subject content relevant to the question and a good perception of the concepts and principles underlying that subject content making an entirely convincing synoptic connection with elements of knowledge gained in understanding legal reasoning and methods and understanding legal structures and processes. They display a sound understanding of the practical application of the law and are aware of current debate and criticism including the major proposals for reform.

6-7

Candidates display an adequate knowledge and understanding of the subject content relevant to the question and have a perception of some of the concepts and principles underlying that subject content making a convincing synoptic connection with elements of knowledge gained in understanding legal reasoning and methods and understanding legal structures and processes. They display a general understanding of the practical application of the law and are aware of aspects of current debate and criticism.

3-5

Candidates display a limited knowledge and understanding of the subject content relevant to the question with limited insight into some of the concepts and principles underlying that subject content making a limited synoptic connection with elements of knowledge gained in understanding legal reasoning and methods and understanding legal structures and processes. They display a limited understanding the practical application of the law and are aware in general terms of some of the current criticisms.

0-2

Candidates display a basic knowledge and understanding of the subject content relevant to the question and/or identify some of the relevant principles. They demonstrate occasional basic insights into some of the concepts and principles underlying the subject content making a limited synoptic connection with basic elements of knowledge gained in understanding legal reasoning and methods and understanding legal structures and processes. They display a basic understanding of the practical application of the law.

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Q.2 Study the text and answer the questions based on it. Alan advertised an antique chest for sale for £5000. Belinda wrote to Alan and

said that she would buy it. Alan received Belinda's letter on Monday and immediately wrote back and said that the price had increased to £5500. On Tuesday Carl telephoned Alan and said that he wanted to buy the chest. Alan informed him that the price was now £5,500. Carl said that he would think about it. Later that day Carl wrote a letter to Alan stating that he accepted the offer for the sale of the chest for £5,500. On Wednesday morning Alan sold the chest to Debbie. On Thursday morning Carl's letter was delivered to Alan.

(a) In the light of reported case law and other sources of law, advise Alan. [14] Credit reference to:

• The need for communication and discussion of the general rule with reference to the appropriate case law.

• The postal rule and its appropriateness in terms of legal response. • Relevant citation, for example, Byrne v Van Tienhovan (1880). • Manifest absurdity rule.

(b) What is the significance of the doctrine of precedent in the above

scenario? [11] Credit reference to:

• The significance of case law and the doctrine of precedent. • Hierarchy of courts. • Relevance of case law linked with the state of technological

development. • The postal rule as an example of old technology. • Relevant citation, for example, Holwell Securities v Hughes (1974).

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Q.3 Study the text and answer the questions based on it. Andrew contracted to carry out certain electrical work on Sarah's building

project. The contract specified that it would be completed by the 1st. It became clear that Andrew had under-priced the job and would not complete on time. Completing the job on time was critical to Sarah since she wanted to see the building and the market price was dropping every day. Sarah therefore promised to pay Andrew an additional 50 of the contract price if he completed on time. Andrew completed the job on time. Sarah is now refusing to pay Andrew a penny more than the contract price.

(a) In the right of reported case law and other sources of law, advise

Andrew. [14] Credit reference to:

• The issue of past consideration. • The development of the doctrine of promissory estoppel and the high

trees case. • The concept of promissory estoppel as being a shield and not a

sword. • Relevant citation, for example, Williams v Roffey; D & C Builders v

Rees. (b) Taking into account his prospects of success, explain the available

sources of assistance for Andrew in funding his litigation. [11] Credit reference to:

• Analysis of the financial position and discussion of the Legal Services Commission.

• Private means. • Conditional fees. • The significance of legal insurance.

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Q.4 Study the text and answer the questions based on it. Peter and Joan are world famous opera stars. Their agent, Lance, agreed to

them taking the leading role in the opening of a new opera house in Liverpool which was owned by Oliver. Unknown to Lance and before he had contracted with Oliver, Peter had contracted an infection which had a long incubation period and when the opera was scheduled he would be unable to perform. In the meantime Joan decided not to perform at the opening because whilst she could perform was reluctant to do so without Peter.

(a) In the light of the reported case law and other sources of law advise

Oliver. [14] Credit reference to:

• Common mistake and the contract being void at its inception. • Relevant citation, for example, Great Peace Shipping Limited (2002). • The distinction between common mistake and frustration especially in

respect of Joan. • The test for frustration has three elements – there must be a radical

change in the obligation; the contract must not distribute the risk of the event occurring; the occurrence of the event must not be due either party.

(b) Discuss the mechanisms available outside of litigation in resolving this

dispute. [11]

Credit reference to: • The significance of the post Woolf situation and pre-action protocols. • Discussion of alternative dispute resolution mechanisms. • Significance of arbitration under the Arbitration Act 1996. • Advantages and disadvantages of alternative dispute resolution

mechanisms verses litigation.

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UNIT 3: UNDERSTANING SUBSTANTIVE LAW: FREEDOM, THE STATE AND THE INDIVIDUAL

OPTION 2: CRIMINAL LAW & JUSTICE

PAPER LA3 (A2)

Answer two questions from Section A and one question from Section B

Section A

Q.1 Study the text below and answer the questions based on it. Harold borrowed a length of piping from his brother-in-law so that he could

mend his central heating system. He put the piping in the bag and walked home. It was a warm evening and he was sweating. Part of the piping pointed out of the top of the bag. George, a member of the public, walked past Harold and thought that the piping looked like a shotgun. He telephoned the police and told them: "I have just seen a nervous looking man with a shotgun." As Harold approached his home, he was challenged by several members of a Police Armed Response Unit. Harold was surprised, and turned to face the direction where the challenge had come from. Susan, an armed police officer, immediately opened fire. Harold was killed immediately. Later that night the Chief Constable released a press statement incorrectly claiming that Harold had ignored the challenge from the officers of the Armed Response Unit and had threatened the police officers.

(a) Consider the powers of the Independent Police Complaints Commission to

investigate the incident. [14]

Credit reference to: • Police Reform Act 2002 • Establishment and composition of IPCC • Independence of IPCC • Powers of IPCC to investigate complaints • Mandatory referral • Instigation of investigation by the IPCC • Investigation of complaints by members of the public • Independent investigation by IPCC using its own staff • Limits to powers of IPCC – no power to award compensation, no powers

to discipline police officers. Quality of written communication The quality of written communication is embedded in Assessment Objective 3

of this unit.

Marks AO3

1 Presents effective communication using appropriate legal terminology. Nonetheless, there may be several errors in grammar, punctuation and spelling, although not enough to detract from communication of meaning.

0

Fails to communicate and present logical argument, including inadequate use of legal terminology. There are significant errors of grammar, punctuation and spelling which detract from communication of meaning.

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Marks AO2 Skills

11-13

Candidates demonstrate a sound evaluation of how the law operates, or an accurate and well-substantiated application of the law to a given fact situation. This is achieved through their selection of legal authorities, by appropriate methodologies and by their ability to apply the law to a given question. They support their conclusions by citation, analysis and analogy.

7-10

Candidates demonstrate an adequate evaluation of how the law operates, or a generally accurate and substantiated application of the law to a given fact situation. This is achieved through their selection of legal authorities, by appropriate methodologies and by their ability to apply the law to a given question and support their conclusions by citation.

3-6

Candidates demonstrate a limited evaluation of some of the points of how the law operates, or apply the law to a given fact situation in a partly accurate and occasionally unsubstantiated way. This is achieved through a limited selection of legal authorities and limited ability to apply the law to a given question.

0-2

Candidates demonstrate a basic evaluation of one of the simpler points of how the law operates or apply the law to a given factual situation in a generally inaccurate and unsubstantiated way. There will be little or no reference to legal authorities and points will not be developed. There will be very limited evidence of structure in the candidate's response.

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(b) Describe the tests the Crown Prosecution Service will use when considering whether or not to prosecute Susan. [11]

Credit reference to: • Prosecution of Offences Act 1985 • Code for Crown Prosecutors • Full Code Test – both parts • Evidential test • Public Interest test • Threshold test

Marks AO3

2

Presents a wholly logical and coherent argument and provides clear application using appropriate legal terminology. This does not mean that there are no errors in grammar, punctuation and spelling but these will only be occasional.

1

Presents a mostly logical and coherent argument and provides a reasonably adequate application using appropriate legal terminology. Whilst there may be errors in grammar, punctuation and spelling, these are not enough to detract from a mostly effective communication of meaning.

Marks AO1 Knowledge and Understanding

8-9

Candidates display a sound knowledge and understanding of the subject content relevant to the question and a good perception of the concepts and principles underlying that subject content making an entirely convincing synoptic connection with elements of knowledge gained in understanding legal reasoning and methods and understanding legal structures and processes. They display a sound understanding of the practical application of the law and are aware of current debate and criticism including the major proposals for reform.

6-7

Candidates display an adequate knowledge and understanding of the subject content relevant to the question and have a perception of some of the concepts and principles underlying that subject content making a convincing synoptic connection with elements of knowledge gained in understanding legal reasoning and methods and understanding legal structures and processes. They display a general understanding of the practical application of the law and are aware of aspects of current debate and criticism.

3-5

Candidates display a limited knowledge and understanding of the subject content relevant to the question with limited insight into some of the concepts and principles underlying that subject content making a limited synoptic connection with elements of knowledge gained in understanding legal reasoning and methods and understanding legal structures and processes. They display a limited understanding the practical application of the law and are aware in general terms of some of the current criticisms.

0-2

Candidates display a basic knowledge and understanding of the subject content relevant to the question and/or identify some of the relevant principles. They demonstrate occasional basic insights into some of the concepts and principles underlying the subject content making a limited synoptic connection with basic elements of knowledge gained in understanding legal reasoning and methods and understanding legal structures and processes. They display a basic understanding of the practical application of the law.

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Q.2 Study the text below and answer the questions based on it. Philippe disliked his next door neighbour, Gethin, who he believed was

responsible for killing his cat. Philippe decided to kill Gethin, and invited him around to his house for a drink. Philippe then attacked Gethin and hit him several times over the head with a cricket bat. Incorrectly believing Gethin to be dead, he wrapped the 'body' in a blanket and drove to the nearby village duck pond where he threw the body into the water. A few moments later, PC Bobby cycled past, saw Gethin floating in the water, and immediately radioed for an ambulance. Gethin was rushed to hospital but on the way the ambulance collided with a stray bull. Gethin was thrown from the ambulance and broke his leg. When Gethin finally arrived at the hospital, the doctor who examined him, Dr Bodge, treated Gethin's leg but failed to notice the fractured skull which Gethin had suffered during Phillipe's attack. Gethin died that night.

(a) In the light of reported case law and other sources of law, consider

whether Philippe may be criminally liable for Gethin's death. (14]

Credit reference to: Elements of murder and manslaughter. • Causation – factual and legal causation, e.g. White, Dalloway. • The single transaction principle – Thabo Meli, Church. • Chain of causation – whether broken by medical negligence, e.g. Smith,

Jordan, Cheshire. • Possible defences – provocation/loss of control. • Involuntary manslaughter – unlawful act manslaughter – Franklin, Lamb –

gross negligence manslaughter – Adamoko.

Quality of written communication The quality of written communication is embedded in Assessment Objective 3

of this unit.

Marks AO3

1

Presents effective communication using appropriate legal terminology. Nonetheless, there may be several errors in grammar, punctuation and spelling, although not enough to detract from communication of meaning.

0

Fails to communicate and present logical argument, including inadequate use of legal terminology. There are significant errors of grammar, punctuation and spelling which detract from communication of meaning.

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Marks AO2 Skills

11-13

Candidates demonstrate a sound evaluation of how the law operates, or an accurate and well-substantiated application of the law to a given fact situation. This is achieved through their selection of legal authorities, by appropriate methodologies and by their ability to apply the law to a given question. They support their conclusions by citation, analysis and analogy.

7-10

Candidates demonstrate an adequate evaluation of how the law operates, or a generally accurate and substantiated application of the law to a given fact situation. This is achieved through their selection of legal authorities, by appropriate methodologies and by their ability to apply the law to a given question and support their conclusions by citation.

3-6

Candidates demonstrate a limited evaluation of some of the points of how the law operates, or apply the law to a given fact situation in a partly accurate and occasionally unsubstantiated way. This is achieved through a limited selection of legal authorities and limited ability to apply the law to a given question.

0-2

Candidates demonstrate a basic evaluation of one of the simpler points of how the law operates or apply the law to a given factual situation in a generally inaccurate and unsubstantiated way. There will be little or no reference to legal authorities and points will not be developed. There will be very limited evidence of structure in the candidate's response.

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(b) Describe the sources of legal advice and assistance which may be

available to Philippe if he is arrested for killing Gethin. [11]

Credit reference to: Duty solicitor scheme • Access to Justice Act 1999 • Public Defender Service

Marks AO3

2 Presents a wholly logical and coherent argument and provides clear application using appropriate legal terminology. This does not mean that there are no errors in grammar, punctuation and spelling but these will only be occasional.

1

Presents a mostly logical and coherent argument and provides a reasonably adequate application using appropriate legal terminology. Whilst there may be errors in grammar, punctuation and spelling, these are not enough to detract from a mostly effective communication of meaning.

Marks AO1

Knowledge and Understanding

8-9

Candidates display a sound knowledge and understanding of the subject content relevant to the question and a good perception of the concepts and principles underlying that subject content making an entirely convincing synoptic connection with elements of knowledge gained in understanding legal reasoning and methods and understanding legal structures and processes. They display a sound understanding of the practical application of the law and are aware of current debate and criticism including the major proposals for reform.

6-7

Candidates display an adequate knowledge and understanding of the subject content relevant to the question and have a perception of some of the concepts and principles underlying that subject content making a convincing synoptic connection with elements of knowledge gained in understanding legal reasoning and methods and understanding legal structures and processes. They display a general understanding of the practical application of the law and are aware of aspects of current debate and criticism.

3-5

Candidates display a limited knowledge and understanding of the subject content relevant to the question with limited insight into some of the concepts and principles underlying that subject content making a limited synoptic connection with elements of knowledge gained in understanding legal reasoning and methods and understanding legal structures and processes. They display a limited understanding the practical application of the law and are aware in general terms of some of the current criticisms.

0-2

Candidates display a basic knowledge and understanding of the subject content relevant to the question and/or identify some of the relevant principles. They demonstrate occasional basic insights into some of the concepts and principles underlying the subject content making a limited synoptic connection with basic elements of knowledge gained in understanding legal reasoning and methods and understanding legal structures and processes. They display a basic understanding of the practical application of the law.

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Q.3 Study the text below and answer the questions based on it. Alexandra went to a friend's birthday party. Alexandra did not normally drink

as she was taking tablets for depression. She drank a large glass of fruit punch which, unknown to Alexandra, contained a large amount of vodka. Alexandra became very drunk. Soon afterwards, she caught her boyfriend, Steve, kissing Leona. Alexandra lost her temper and threw her drink over Steve. Steve punched Alexandra in the face giving her a black eye. Alexandra lunged at Steve with the glass, but Steve ducked, and the glass struck Leona in the face. The glass shattered on impact and gouged out Leona's eye.

(a) In the light of reported case law and other sources of law, consider the

criminal liability of Alexandra and Steve. [14]

Credit references to: • Elements of assault and battery; Criminal Justice Act 1988, s.39. • Offences Against the Person Act 1861 – aggravated assaults. Sections

47, 20 and 18. Mens rea and actus reus of these offences. • Alexandra – battery (throwing the drink over Steve); s.18 (causing

grievous bodily harm with intent) or s.20 (inflicting grievous bodily harm or malicious wounding).

• Transferred malice, e.g. Latimer. • Steve – battery or s.47 (hitting Alexandra in the face and giving her a

black eye). • Possible defences – intoxication: Majewski. Voluntary and involuntary

intoxication. Offences of basic and specific intention. The quality of written communication is embedded in Assessment Objective 3 of this unit.

Marks AO3

1

Presents effective communication using appropriate legal terminology. Nonetheless, there may be several errors in grammar, punctuation and spelling, although not enough to detract from communication of meaning.

0

Fails to communicate and present logical argument, including inadequate use of legal terminology. There are significant errors of grammar, punctuation and spelling which detract from communication of meaning.

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Marks AO2 Skills

11-13

Candidates demonstrate a sound evaluation of how the law operates, or an accurate and well-substantiated application of the law to a given fact situation. This is achieved through their selection of legal authorities, by appropriate methodologies and by their ability to apply the law to a given question. They support their conclusions by citation, analysis and analogy.

7-10

Candidates demonstrate an adequate evaluation of how the law operates, or a generally accurate and substantiated application of the law to a given fact situation. This is achieved through their selection of legal authorities, by appropriate methodologies and by their ability to apply the law to a given question and support their conclusions by citation.

3-6

Candidates demonstrate a limited evaluation of some of the points of how the law operates, or apply the law to a given fact situation in a partly accurate and occasionally unsubstantiated way. This is achieved through a limited selection of legal authorities and limited ability to apply the law to a given question.

0-2

Candidates demonstrate a basic evaluation of one of the simpler points of how the law operates or apply the law to a given factual situation in a generally inaccurate and unsubstantiated way. There will be little or no reference to legal authorities and points will not be developed. There will be very limited evidence of structure in the candidate's response.

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(b) Explain the process of appealing against conviction by a magistrates' court. [11]

Credit reference to: Automatic right of appeal to Crown Court. • Composition of court – judge and 2 magistrates. • Powers of the Crown Court – quash conviction, affirm conviction, vary

conviction. • Appeal by way of case stated to the Divisional Court of the Queens'

Bench Division. • Further appeals – from the Crown Court to the Court of Appeal, and

thereafter to the Supreme Court on a point of law of public importance; from the Queen's Bench directly to the Supreme Court on a point of law of public importance.

Marks AO3

2 Presents a wholly logical and coherent argument and provides clear application using appropriate legal terminology. This does not mean that there are no errors in grammar, punctuation and spelling but these will only be occasional.

1

Presents a mostly logical and coherent argument and provides a reasonably adequate application using appropriate legal terminology. Whilst there may be errors in grammar, punctuation and spelling, these are not enough to detract from a mostly effective communication of meaning.

Marks AO1

Knowledge and Understanding

8-9

Candidates display a sound knowledge and understanding of the subject content relevant to the question and a good perception of the concepts and principles underlying that subject content making an entirely convincing synoptic connection with elements of knowledge gained in understanding legal reasoning and methods and understanding legal structures and processes. They display a sound understanding of the practical application of the law and are aware of current debate and criticism including the major proposals for reform.

6-7

Candidates display an adequate knowledge and understanding of the subject content relevant to the question and have a perception of some of the concepts and principles underlying that subject content making a convincing synoptic connection with elements of knowledge gained in understanding legal reasoning and methods and understanding legal structures and processes. They display a general understanding of the practical application of the law and are aware of aspects of current debate and criticism.

3-5

Candidates display a limited knowledge and understanding of the subject content relevant to the question with limited insight into some of the concepts and principles underlying that subject content making a limited synoptic connection with elements of knowledge gained in understanding legal reasoning and methods and understanding legal structures and processes. They display a limited understanding the practical application of the law and are aware in general terms of some of the current criticisms.

0-2

Candidates display a basic knowledge and understanding of the subject content relevant to the question and/or identify some of the relevant principles. They demonstrate occasional basic insights into some of the concepts and principles underlying the subject content making a limited synoptic connection with basic elements of knowledge gained in understanding legal reasoning and methods and understanding legal structures and processes. They display a basic understanding of the practical application of the law.

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Q.4 Study the text below and answer the questions based on it. Simon was a petty thief. He was caught shoplifting in Cardiff one afternoon

when the police were busy dealing with incidents at a football match being held at the Millennium Stadium. PC Norris took Simon to the police station but did not have time to tell him he was under arrest or provide him with a caution. The police station was very busy and the Custody Officer failed to complete a custody record for him. Simon asked to see a Duty Solicitor but was told that they were all busy. After twenty-five hours, Simon was interviewed by Inspector Davis who made Simon stand throughout the nine hour interview. Simon, who was diabetic, was beginning to feel unwell and asked for some food and to see a doctor. Both requests were refused. Inspector Davis told Simon that until he confessed to shoplifting he would not be granted bail. Simon refused to confess and Inspector Davis became very angry with him. Three hours later, after Simon had collapsed several times, and having denied the offence over two hundred times, Simon eventually agreed to confess.

(a) In the light of reported case law and other sources of law, consider the

admissibility of Simon's confession in court. [14]

Credit reference to: • Police and Criminal Evidence Act 1984, sections 76 and 78. • Section 76 – exclusion of confession evidence. • Grounds for exclusion – that the confession was obtained by oppression

(s.76(1)(a)) or that the confession is unreliable (s.76(1)(b)). • Exclusion of evidence in general – s.78 – the judge at her discretion may

refuse to admit any evidence which is likely to have an adverse effect upon the fairness of the trial.

• Article 3 and Article 6 of the ECHR. • Examples of case law – Samuel, Alladice, Owen, Parris.

Marks AO3

1

Presents effective communication using appropriate legal terminology. Nonetheless, there may be several errors in grammar, punctuation and spelling, although not enough to detract from communication of meaning.

0

Fails to communicate and present logical argument, including inadequate use of legal terminology. There are significant errors of grammar, punctuation and spelling which detract from communication of meaning.

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Marks AO2 Skills

11-13

Candidates demonstrate a sound evaluation of how the law operates, or an accurate and well-substantiated application of the law to a given fact situation. This is achieved through their selection of legal authorities, by appropriate methodologies and by their ability to apply the law to a given question. They support their conclusions by citation, analysis and analogy.

7-10

Candidates demonstrate an adequate evaluation of how the law operates, or a generally accurate and substantiated application of the law to a given fact situation. This is achieved through their selection of legal authorities, by appropriate methodologies and by their ability to apply the law to a given question and support their conclusions by citation.

3-6

Candidates demonstrate a limited evaluation of some of the points of how the law operates, or apply the law to a given fact situation in a partly accurate and occasionally unsubstantiated way. This is achieved through a limited selection of legal authorities and limited ability to apply the law to a given question.

0-2

Candidates demonstrate a basic evaluation of one of the simpler points of how the law operates or apply the law to a given factual situation in a generally inaccurate and unsubstantiated way. There will be little or no reference to legal authorities and points will not be developed. There will be very limited evidence of structure in the candidate's response.

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(b) Describe the role of the judge and jury if Simon is tried in the Crown Court. [11]

Credit reference to: Role of the judge – control proceedings, sum up for the jury, pass

sentence. • Juries Act 1974, Criminal Justice Act 2003. • Role of the jury – to hear the evidence and reach a decision as to whether

the accused is guilty or not guilty. • Unanimous verdicts and majority verdicts. • Jury secrecy – Contempt of Court Act 1981, s.8.

Marks AO3

2 Presents a wholly logical and coherent argument and provides clear application using appropriate legal terminology. This does not mean that there are no errors in grammar, punctuation and spelling but these will only be occasional.

1

Presents a mostly logical and coherent argument and provides a reasonably adequate application using appropriate legal terminology. Whilst there may be errors in grammar, punctuation and spelling, these are not enough to detract from a mostly effective communication of meaning.

Marks AO1

Knowledge and Understanding

8-9

Candidates display a sound knowledge and understanding of the subject content relevant to the question and a good perception of the concepts and principles underlying that subject content making an entirely convincing synoptic connection with elements of knowledge gained in understanding legal reasoning and methods and understanding legal structures and processes. They display a sound understanding of the practical application of the law and are aware of current debate and criticism including the major proposals for reform.

6-7

Candidates display an adequate knowledge and understanding of the subject content relevant to the question and have a perception of some of the concepts and principles underlying that subject content making a convincing synoptic connection with elements of knowledge gained in understanding legal reasoning and methods and understanding legal structures and processes. They display a general understanding of the practical application of the law and are aware of aspects of current debate and criticism.

3-5

Candidates display a limited knowledge and understanding of the subject content relevant to the question with limited insight into some of the concepts and principles underlying that subject content making a limited synoptic connection with elements of knowledge gained in understanding legal reasoning and methods and understanding legal structures and processes. They display a limited understanding the practical application of the law and are aware in general terms of some of the current criticisms.

0-2

Candidates display a basic knowledge and understanding of the subject content relevant to the question and/or identify some of the relevant principles. They demonstrate occasional basic insights into some of the concepts and principles underlying the subject content making a limited synoptic connection with basic elements of knowledge gained in understanding legal reasoning and methods and understanding legal structures and processes. They display a basic understanding of the practical application of the law.

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UNIT 3: UNDERSTANDING SUBSTANTIVE LAW: FREEDOM, THE STATE AND THE INDIVIDUAL

OPTION 3: FREEDOM OF THE INDIVIDUAL & PROTECTION OF HUMAN RIGHTS

PAPER LA3 (A2)

Answer two questions from Section A and one question from Section B

Section A

Q.1 Study the text below and answer the questions based on it: Tom went shopping for a present for his girlfriend. He bought a beautiful

bracelet in a jewellery shop, paid for it and then realised he was in danger of missing his train. Tom ran out of the shop without waiting for the bracelet to be wrapped, or to pick up his receipt. Further down the street he collided with PC Smith and dropped the bracelet. PC Smith picked up the bracelet and said "I hate shoplifters. You're nicked. Get into the car". Tom asked to be able to telephone his girlfriend and speak to a solicitor, but both these requests were refused. Tom was left in the cell for sixteen hours. At the end of that time, he was taken out of the cell and forced to give fingerprints and a sample of his DNA. He was then interviewed by the police for eight hours without a break. At the end of that time the police allowed him to contact a public defender who arranged for him to be released on bail.

(a) In the light of reported case law and other sources of law, consider the legality of the actions of the police whilst Tom was in custody. [14]

Credit references to:

• Police and Criminal Evidence Act 1984 • Role and duties of custody officer • Right to inform someone of arrest: PACE s.56 • Right to legal advice: PACE s.58 • Time limits on detention without charge • Treatment of detainees: Code of Practice C • Fingerprints and DNA samples

Quality of written communication

The quality of written communication is embedded in Assessment Objective 3 of this unit.

Marks AO3

1

Presents effective communication using appropriate legal terminology. Nonetheless, there may be several errors in grammar, punctuation and spelling, although not enough to detract from communication of meaning.

0

Fails to communicate and present logical argument, including inadequate use of legal terminology. There are significant errors of grammar, punctuation and spelling which detract from communication of meaning.

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Marks AO2 Skills

11-13

Candidates demonstrate a sound evaluation of how the law operates, or an accurate and well-substantiated application of the law to a given fact situation. This is achieved through their selection of legal authorities, by appropriate methodologies and by their ability to apply the law to a given question. They support their conclusions by citation, analysis and analogy.

7-10

Candidates demonstrate an adequate evaluation of how the law operates, or a generally accurate and substantiated application of the law to a given fact situation. This is achieved through their selection of legal authorities, by appropriate methodologies and by their ability to apply the law to a given question and support their conclusions by citation.

3-6

Candidates demonstrate a limited evaluation of some of the points of how the law operates, or apply the law to a given fact situation in a partly accurate and occasionally unsubstantiated way. This is achieved through a limited selection of legal authorities and limited ability to apply the law to a given question.

0-2

Candidates demonstrate a basic evaluation of one of the simpler points of how the law operates or apply the law to a given factual situation in a generally inaccurate and unsubstantiated way. There will be little or no reference to legal authorities and points will not be developed. There will be very limited evidence of structure in the candidate's response.

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(b) Explain the factors which the police take into account when deciding whether to grant bail. [11]

• Police and Criminal Evidence Act 1984, s.38 • Role of custody officer in granting bail at police station • Bail may be granted when a suspect has been charged with an offence, or

after a suspect has been arrested but not charged in order for police to pursue their enquiries

• A suspect who has been charged should be released on bail unless certain circumstances are present: name and address of suspect cannot be ascertained; suspect is thought to present a danger to others; suspect is thought to present a danger to himself; suspect may be at risk; there is a danger that the suspect may interfere with witnesses or evidence.

• Street bail

Quality of written communication

The quality of written communication is embedded in Assessment Objective 3 of this unit.

Marks AO3

2 Presents a wholly logical and coherent argument and provides clear application using appropriate legal terminology. This does not mean that there are no errors in grammar, punctuation and spelling but these will only be occasional.

1

Presents a mostly logical and coherent argument and provides a reasonably adequate application using appropriate legal terminology. Whilst there may be error in grammar, punctuation and spelling, these are not enough to detract from a mostly effective communication of meaning,

Marks AO1

Knowledge and Understanding

8-9

Candidates display a sound knowledge and understanding of the subject content relevant to the question and a good perception of the concepts and principles underlying that subject content making an entirely convincing synoptic connection with elements of knowledge gained in understanding legal reasoning and methods and understanding legal structures and processes. They display a sound understanding of the practical application of the law and are aware of current debate and criticism including the major proposals for reform.

6-7

Candidates display an adequate knowledge and understanding of the subject content relevant to the question and have a perception of some of the concepts and principles underlying that subject content making a convincing synoptic connection with elements of knowledge gained in understanding legal reasoning and methods and understanding legal structures and processes. They display a general understanding of the practical application of the law and are aware of aspects of current debate and criticism.

3-5

Candidates display a limited knowledge and understanding of the subject content relevant to the question with limited insight into some of the concepts and principles underlying that subject content making a limited synoptic connection with elements of knowledge gained in understanding legal reasoning and methods and understanding legal structures and processes. They display a limited understanding the practical application of the law and are aware in general terms of some of the current criticisms.

0-2

Candidates display a basic knowledge and understanding of the subject content relevant to the question and/or identify some of the relevant principles. They demonstrate occasional basic insights into some of the concepts and principles underlying the subject content making a limited synoptic connection with basic elements of knowledge gained in understanding legal reasoning and methods and understanding legal structures and processes. They display a basic understanding of the practical application of the law.

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Q.2 Study the text below and answer the questions based on it. Sally Sparkle is a famous rock star. As part of her act she pretends to eat a

live hamster on stage. Her fans regularly turn up at her shows with their own hamsters, hoping that Sally will choose their hamster to be part of her act. Sadly, during a recent show a hamster died from stress. Since then Sally has only used toy hamsters. Last week Sally was performing her act when a young fan approached the stage and offered Sally her hamster, Snowy. Sally kissed the hamster and handed it back the child. Next day, the Daily Slur newspaper published a photograph of Sally with the hamster close to her lips, under the headline, "Sick Sally Swallowed my Snowy".

(a) In the light of reported case law and other sources of law, consider

whether Sally has any legal redress against the Daily Slur. [14] Credit references to:

• Action for defamation: distinction between libel and slander. • Elements of defamation: statement must be defamatory, must refer to

claimant, and must be published. • What constitutes defamation: Sim v Stretch: tendency to lower the

claimant in the estimation of right-thinking persons generally. • Need to take the whole item into account and not just headlines or a

misleading photograph: Charleston v NGN. • Defences to libel: justification; fair comment on a matter of public interest;

absolute privilege; qualified privilege; offer of amends and compensation. • Issues connected with actions for defamation: cost, trial by jury, amount of

damages, fast-track procedure.

Quality of written communication

The quality of written communication is embedded in Assessment Objective 3 of this unit.

Marks AO3

1

Presents effective communication using appropriate legal terminology. Nonetheless, there may be several errors in grammar, punctuation and spelling, although not enough to detract from communication of meaning.

0

Fails to communicate and present logical argument, including inadequate use of legal terminology. There are significant errors of grammar, punctuation and spelling which detract from communication of meaning.

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Marks AO2 Skills

11-13

Candidates demonstrate a sound evaluation of how the law operates, or an accurate and well-substantiated application of the law to a given fact situation. This is achieved through their selection of legal authorities, by appropriate methodologies and by their ability to apply the law to a given question. They support their conclusions by citation, analysis and analogy.

7-10

Candidates demonstrate an adequate evaluation of how the law operates, or a generally accurate and substantiated application of the law to a given fact situation. This is achieved through their selection of legal authorities, by appropriate methodologies and by their ability to apply the law to a given question and support their conclusions by citation.

3-6

Candidates demonstrate a limited evaluation of some of the points of how the law operates, or apply the law to a given fact situation in a partly accurate and occasionally unsubstantiated way. This is achieved through a limited selection of legal authorities and limited ability to apply the law to a given question.

0-2

Candidates demonstrate a basic evaluation of one of the simpler points of how the law operates or apply the law to a given factual situation in a generally inaccurate and unsubstantiated way. There will be little or no reference to legal authorities and points will not be developed. There will be very limited evidence of structure in the candidate's response.

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(b) Explain the differences between the role of a jury in a civil case and a criminal case. [11]

Credit references to:

• Civil juries are used in the High Court in a very limited range of civil cases.

Criminal juries sit in the Crown Court and try indictable or either-way offences.

• Civil juries are used only in cases of defamation, malicious prosecution, false imprisonment and fraud. Even in such cases the judge may refuse trial by jury if the case is likely to be very long, very complex, or involve a lot of documentary, scientific or accounting evidence.

• Civil juries find in favour of the claimant or the defendant, rather than finding a defendant guilty or not guilty.

• Civil juries can recommend an award of damages, whereas criminal juries are not involved in sentencing.

Quality of written communication

The quality of written communication is embedded in Assessment Objective 3 of this unit.

Marks AO3

2 Presents a wholly logical and coherent argument and provides clear application using appropriate legal terminology. This does not mean that there are no errors in grammar, punctuation and spelling but these will only be occasional.

1

Presents a mostly logical and coherent argument and provides a reasonably adequate application using appropriate legal terminology. Whilst there may be error in grammar, punctuation and spelling, these are not enough to detract from a mostly effective communication of meaning,

Marks AO1

Knowledge and Understanding

8-9

Candidates display a sound knowledge and understanding of the subject content relevant to the question and a good perception of the concepts and principles underlying that subject content making an entirely convincing synoptic connection with elements of knowledge gained in understanding legal reasoning and methods and understanding legal structures and processes. They display a sound understanding of the practical application of the law and are aware of current debate and criticism including the major proposals for reform.

6-7

Candidates display an adequate knowledge and understanding of the subject content relevant to the question and have a perception of some of the concepts and principles underlying that subject content making a convincing synoptic connection with elements of knowledge gained in understanding legal reasoning and methods and understanding legal structures and processes. They display a general understanding of the practical application of the law and are aware of aspects of current debate and criticism.

3-5

Candidates display a limited knowledge and understanding of the subject content relevant to the question with limited insight into some of the concepts and principles underlying that subject content making a limited synoptic connection with elements of knowledge gained in understanding legal reasoning and methods and understanding legal structures and processes. They display a limited understanding the practical application of the law and are aware in general terms of some of the current criticisms.

0-2

Candidates display a basic knowledge and understanding of the subject content relevant to the question and/or identify some of the relevant principles. They demonstrate occasional basic insights into some of the concepts and principles underlying the subject content making a limited synoptic connection with basic elements of knowledge gained in understanding legal reasoning and methods and understanding legal structures and processes. They display a basic understanding of the practical application of the law.

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Q.3 Study the text and answer the questions based on it. Nisha is a civil servant who works in the Ministry of Defence. She is asked to

photocopy a file marked "top secret" which contains details of a design fault in a British fighter jet currently being flown by the RAF. Nisha believes that the public should be aware of the fault because it is putting the lives of RAF pilots at risk. She sends a copy of the file to an opposition MP, Clive, who sends the file to Simon Sneakie, a journalist. Sneakie is considering publishing the file.

(a) In the light of reported case law and other sources of law, consider

whether Nisha, Clive or Simon have committed any offence. [14] Credit references to:

• Official Secrets Act 1989. • Categories of protected information – here, s.2 (defence). • Nisha – offence of damaging disclosure by a Crown servant contrary to

s.2. • Possible defences – that the disclosure is not 'damaging' within the terms

of s.2; no knowledge or reasonable cause to believe that the material was within a restricted category, or that the disclosure would be 'damaging'.

• Clive – offence of disclosing information acquired as a result of unauthorised disclosure by a Crown servant: s.5(1)(a)(i).

• Possible defences – no knowledge or reasonable cause to believe that the disclosure was unauthorised or that the disclosure could be damaging.

• Simon Sneakie – commits no offence merely by receiving the information. If he publishes it, he may commit the offence under s.5 Defences – same as for Clive.

• No public interest defence. Quality of written communication

The quality of written communication is embedded in Assessment Objective 3 of this unit.

Marks AO3

1

Presents effective communication using appropriate legal terminology. Nonetheless, there may be several errors in grammar, punctuation and spelling, although not enough to detract from communication of meaning.

0

Fails to communicate and present logical argument, including inadequate use of legal terminology. There are significant errors of grammar, punctuation and spelling which detract from communication of meaning.

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Marks AO2 Skills

11-13

Candidates demonstrate a sound evaluation of how the law operates, or an accurate and well-substantiated application of the law to a given fact situation. This is achieved through their selection of legal authorities, by appropriate methodologies and by their ability to apply the law to a given question. They support their conclusions by citation, analysis and analogy.

7-10

Candidates demonstrate an adequate evaluation of how the law operates, or a generally accurate and substantiated application of the law to a given fact situation. This is achieved through their selection of legal authorities, by appropriate methodologies and by their ability to apply the law to a given question and support their conclusions by citation.

3-6

Candidates demonstrate a limited evaluation of some of the points of how the law operates, or apply the law to a given fact situation in a partly accurate and occasionally unsubstantiated way. This is achieved through a limited selection of legal authorities and limited ability to apply the law to a given question.

0-2

Candidates demonstrate a basic evaluation of one of the simpler points of how the law operates or apply the law to a given factual situation in a generally inaccurate and unsubstantiated way. There will be little or no reference to legal authorities and points will not be developed. There will be very limited evidence of structure in the candidate's response.

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(b) Explain how the European Convention on Human Rights protects the right to freedom of expression. [11]

Credit references to:

• European Convention on Human Rights. • Article 10 – right to freedom of expression. Includes the right to receive

information. • Qualified right – Art.10(2) states that the right does not prevent states

from imposing licensing on broadcasting, television or films. Art 10(2) recognises that the exercise of the right to freedom of expression carries duties and responsibilities, and therefore may be restricted for certain legitimate purposes. The restrictions must be in accordance with law and necessary in a democratic society in the interests of national security, territorial integrity, public safety, prevention of disorder or crime, protection of health or morals, the protection of the rights and reputations of others, to prevent the disclosure of confidential information, and to maintain the authority and impartiality of the judiciary. (It is not expected that candidates will necessarily give the full list.)

• Candidates may mention that the jurisprudence of the ECtHR gives special recognition to freedom of the press, e.g. Goodwin v UK, Sunday Times v UK.

• How rights are enforced under the convention – role of the ECtHR, applications by states, applications by individuals, admissibility, power of the Court to order 'just satisfaction', etc. (It is not expected that candidates will necessarily cover these matters.)

Quality of written communication

The quality of written communication is embedded in Assessment Objective 3 of this unit.

Marks AO3

2

Presents a wholly logical and coherent argument and provides clear application using appropriate legal terminology. This does not mean that there are no errors in grammar, punctuation and spelling but these will only be occasional.

1

Presents a mostly logical and coherent argument and provides a reasonably adequate application using appropriate legal terminology. Whilst there may be error in grammar, punctuation and spelling, these are not enough to detract from a mostly effective communication of meaning,

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Marks AO1 Knowledge and Understanding

8-9

Candidates display a sound knowledge and understanding of the subject content relevant to the question and a good perception of the concepts and principles underlying that subject content making an entirely convincing synoptic connection with elements of knowledge gained in understanding legal reasoning and methods and understanding legal structures and processes. They display a sound understanding of the practical application of the law and are aware of current debate and criticism including the major proposals for reform.

6-7

Candidates display an adequate knowledge and understanding of the subject content relevant to the question and have a perception of some of the concepts and principles underlying that subject content making a convincing synoptic connection with elements of knowledge gained in understanding legal reasoning and methods and understanding legal structures and processes. They display a general understanding of the practical application of the law and are aware of aspects of current debate and criticism.

3-5

Candidates display a limited knowledge and understanding of the subject content relevant to the question with limited insight into some of the concepts and principles underlying that subject content making a limited synoptic connection with elements of knowledge gained in understanding legal reasoning and methods and understanding legal structures and processes. They display a limited understanding the practical application of the law and are aware in general terms of some of the current criticisms.

0-2

Candidates display a basic knowledge and understanding of the subject content relevant to the question and/or identify some of the relevant principles. They demonstrate occasional basic insights into some of the concepts and principles underlying the subject content making a limited synoptic connection with basic elements of knowledge gained in understanding legal reasoning and methods and understanding legal structures and processes. They display a basic understanding of the practical application of the law.

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Q.4 Study the text below and answer the questions based on it. Jack, Charlie and Kate organised a protest march against a new nuclear

power station that was due to be built near their homes. The route of the march passed through the town centre. As the protesters approached the town centre, PC Patel approached Jack, Charlie and Kate and asked them to change their route because there had been a car crash ahead. They refused. A little while later they reached the site of the car crash and found they were unable to proceed any further. As the march came to a halt, a senior police officer advised the marchers to turn down a side street. The marchers complied but were stopped by PC Patel who was not aware of the senior police officer's advice and ordered the marchers to turn back. They again refused, whereupon PC Patel arrested Jack. This infuriated Charlie who shouted abuse at PC Patel. Kate brandished her umbrella at PC Patel and shouted, "Down with the police".

(a) In the light of reported case law and other sources of law, consider

whether any public order offences have been committed. [14]

Credit references to: • Public Order Act 1986. • Requirement to give advanced notice of processions: s.11. • Powers of police to impose conditions upon processions: s.12. • The 'triggers' which entitle police to impose conditions upon processions

on the spot. • Conditions may be imposed by senior police officer at the scene. • Conditions which may be imposed on processions. • Powers of police to impose conditions upon assemblies: s.14. • The triggers which entitle police to impose conditions upon assemblies on

the spot. • Conditions may be imposed by senior police officer at the scene. • Conditions which may be imposed upon assemblies. • Powers of arrest for refusal to comply with conditions. • Offences under Part I of the Public Order Act 1986. Violent disorder, s.2 –

possibly Kate and Charlie (R v Hebron) – affray, s.3 – possibly Kate – fear or provocation of violence, s.4; causing harassment, alarm or distress, s.5; intentionally causing harassment, alarm or distress, s.4A.

Quality of written communication

The quality of written communication is embedded in Assessment Objective 3 of this unit.

Marks AO3

1

Presents effective communication using appropriate legal terminology. Nonetheless, there may be several errors in grammar, punctuation and spelling, although not enough to detract from communication of meaning.

0

Fails to communicate and present logical argument, including inadequate use of legal terminology. There are significant errors of grammar, punctuation and spelling which detract from communication of meaning.

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Marks AO2 Skills

11-13

Candidates demonstrate a sound evaluation of how the law operates, or an accurate and well-substantiated application of the law to a given fact situation. This is achieved through their selection of legal authorities, by appropriate methodologies and by their ability to apply the law to a given question. They support their conclusions by citation, analysis and analogy.

7-10

Candidates demonstrate an adequate evaluation of how the law operates, or a generally accurate and substantiated application of the law to a given fact situation. This is achieved through their selection of legal authorities, by appropriate methodologies and by their ability to apply the law to a given question and support their conclusions by citation.

3-6

Candidates demonstrate a limited evaluation of some of the points of how the law operates, or apply the law to a given fact situation in a partly accurate and occasionally unsubstantiated way. This is achieved through a limited selection of legal authorities and limited ability to apply the law to a given question.

0-2

Candidates demonstrate a basic evaluation of one of the simpler points of how the law operates or apply the law to a given factual situation in a generally inaccurate and unsubstantiated way. There will be little or no reference to legal authorities and points will not be developed. There will be very limited evidence of structure in the candidate's response.

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(b) Consider what sources of legal advice and assistance may be available to Jack. [11]

Credit references to:

• Legal advice available free at the police station under the duty solicitor

scheme. • Access to Justice Act 1999. • Criminal Defence Service – case eligibility and means test. • Public Defender Service.

Quality of written communication

The quality of written communication is embedded in Assessment Objective 3 of this unit.

Marks AO3

2 Presents a wholly logical and coherent argument and provides clear application using appropriate legal terminology. This does not mean that there are no errors in grammar, punctuation and spelling but these will only be occasional.

1

Presents a mostly logical and coherent argument and provides a reasonably adequate application using appropriate legal terminology. Whilst there may be error in grammar, punctuation and spelling, these are not enough to detract from a mostly effective communication of meaning,

Marks AO1

Knowledge and Understanding

8-9

Candidates display a sound knowledge and understanding of the subject content relevant to the question and a good perception of the concepts and principles underlying that subject content making an entirely convincing synoptic connection with elements of knowledge gained in understanding legal reasoning and methods and understanding legal structures and processes. They display a sound understanding of the practical application of the law and are aware of current debate and criticism including the major proposals for reform.

6-7

Candidates display an adequate knowledge and understanding of the subject content relevant to the question and have a perception of some of the concepts and principles underlying that subject content making a convincing synoptic connection with elements of knowledge gained in understanding legal reasoning and methods and understanding legal structures and processes. They display a general understanding of the practical application of the law and are aware of aspects of current debate and criticism.

3-5

Candidates display a limited knowledge and understanding of the subject content relevant to the question with limited insight into some of the concepts and principles underlying that subject content making a limited synoptic connection with elements of knowledge gained in understanding legal reasoning and methods and understanding legal structures and processes. They display a limited understanding the practical application of the law and are aware in general terms of some of the current criticisms.

0-2

Candidates display a basic knowledge and understanding of the subject content relevant to the question and/or identify some of the relevant principles. They demonstrate occasional basic insights into some of the concepts and principles underlying the subject content making a limited synoptic connection with basic elements of knowledge gained in understanding legal reasoning and methods and understanding legal structures and processes. They display a basic understanding of the practical application of the law.

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UNIT 4: UNDERSTANDING LAW IN CONTEXT: FREEDOM, THE STATE AND THE INDIVIDUAL

OPTION 1: CONTRACT AND CONSUMER LAW

PAPER LA4 (A2)

Answer two questions from Section A and one question from Section B

Section A

Q.1 Evaluate the development of consumer product safety regulation in the law of England and Wales. [25]

Credit reference to: Product safety legislation can be seen in specific legislation in the past, for

example, the Food Standards Act 1999, Medicines Act 1968. The rise of general product safety legislation as seen under the Consumer Protection Act 1987 and the General Product Safety Regulations 2005.

Rationale and objectives of consumer product safety regulation – defining unacceptable social risk.

The development of better regulation and the concept of risk and responsibility.

Candidates should be rewarded for reference to external empirical data, for example, accidental deaths.

Candidates will be rewarded for knowledge of the general product safety regulations and appropriate citation.

The EC directive on general product safety established an information system for the rapid exchange of information between member states in relation to consumer products posing a serious risk for health and safety.

AO1

Marks Knowledge and Understanding 8-9 Candidates display a sound knowledge and understanding of the subject

content relevant to the question and a good perception of the concepts and principles underlying that subject content.

6-7 Candidates display an adequate knowledge and understanding of the subject content relevant to the question and have a perception of some of the concepts and principles underlying that subject content. They display a general understanding of the practical application of the law and are aware of aspects of current debate and criticism.

3-5 Candidates display a limited knowledge and understanding of the subject content relevant to the question with limited insight into some of the concepts and principles underlying that subject content. They display a limited understanding of the practical application of the law and are aware in general terms of some of the current criticisms.

0-2 Candidates display a basic knowledge and understanding of the subject content relevant to the question and/or identify some of the relevant principles. They demonstrate occasional basic insights into some of the concepts and principles underlying the subject content. They display a basic understanding of the practical application of the law.

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AO2

Marks Skills 11-13 Candidates demonstrate a sound evaluation of how the law operates, or an

accurate and well-substantiated application of the law to a given fact situation. This is achieved through their selection of legal authorities, by appropriate methodologies and by their ability to apply the law to a given question. They support their conclusions by citation, analysis and analogy.

7-10 Candidates demonstrate an adequate evaluation of how the law operates, or a generally accurate and substantiated application of the law to a given fact situation. This is achieved through their selection of legal authorities, by appropriate methodologies and by their ability to apply the law to a given question. They support their conclusions by citation, analysis and analogy.

3-6 Candidates demonstrate a limited evaluation of some of the points of how the law operates, or apply the law to a given fact situation in a partly accurate and occasionally unsubstantiated way. This is achieved through a limited selection of legal authorities and limited ability to apply the law to a given question.

0-2 Candidates demonstrate a basic evaluation of one of the simpler points of how the law operates or apply the law to a given factual situation in a generally inaccurate and unsubstantiated way. There will be little or no reference to legal authorities and points will not be developed. There will be very limited evidence of structure in the candidate's response.

Marks AO3

3 Presents a wholly illogical and coherent argument and provides clear application using appropriate legal terminology. This does not mean that there are no errors in grammar, punctuation and spelling but these will only be occasional.

2 Presents a mostly logical and coherent argument and provides a reasonably adequate application using appropriate legal terminology. Whilst there may be errors in grammar, punctuation and spelling, these are not enough to detract from a mostly effective communication of meaning.

1 Presents effective communication using appropriate legal terminology. Nonetheless, there may be several errors in grammar, punctuation and spelling, although not enough to detract from communication of meaning.

0 Fails to communicate and present logical argument, including inadequate use of legal terminology. There are significant errors of grammar, punctuation and spelling which detract from communication of meaning.

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Q.2 Examine the role of the Office of Fair Trading in the licensing of consumer credit business. [25]

Credit reference to: Licensing of consumer credit business was at the heart of the Consumer

Credit Act 1974. The scope of businesses covered has increased by the Consumer Credit Act

2006. The consequences of trading without a licence and the better regulation

approach. The fitness test has been expanded and made more stringent under the CCA

2006. Variation of licenses. Powers of the Office of Fair Trading including posing requirements, winding

up businesses and the provision of information. AO1

Marks Knowledge and Understanding 8-9 Candidates display a sound knowledge and understanding of the subject

content relevant to the question and a good perception of the concepts and principles underlying that subject content.

6-7 Candidates display an adequate knowledge and understanding of the subject content relevant to the question and have a perception of some of the concepts and principles underlying that subject content. They display a general understanding of the practical application of the law and are aware of aspects of current debate and criticism.

3-5 Candidates display a limited knowledge and understanding of the subject content relevant to the question with limited insight into some of the concepts and principles underlying that subject content. They display a limited understanding of the practical application of the law and are aware in general terms of some of the current criticisms.

0-2 Candidates display a basic knowledge and understanding of the subject content relevant to the question and/or identify some of the relevant principles. They demonstrate occasional basic insights into some of the concepts and principles underlying the subject content. They display a basic understanding of the practical application of the law.

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AO2

Marks Skills 11-13 Candidates demonstrate a sound evaluation of how the law operates, or an

accurate and well-substantiated application of the law to a given fact situation. This is achieved through their selection of legal authorities, by appropriate methodologies and by their ability to apply the law to a given question. They support their conclusions by citation, analysis and analogy.

7-10 Candidates demonstrate an adequate evaluation of how the law operates, or a generally accurate and substantiated application of the law to a given fact situation. This is achieved through their selection of legal authorities, by appropriate methodologies and by their ability to apply the law to a given question. They support their conclusions by citation, analysis and analogy.

3-6 Candidates demonstrate a limited evaluation of some of the points of how the law operates, or apply the law to a given fact situation in a partly accurate and occasionally unsubstantiated way. This is achieved through a limited selection of legal authorities and limited ability to apply the law to a given question.

0-2 Candidates demonstrate a basic evaluation of one of the simpler points of how the law operates or apply the law to a given factual situation in a generally inaccurate and unsubstantiated way. There will be little or no reference to legal authorities and points will not be developed. There will be very limited evidence of structure in the candidate's response.

Marks AO3

3 Presents a wholly illogical and coherent argument and provides clear application using appropriate legal terminology. This does not mean that there are no errors in grammar, punctuation and spelling but these will only be occasional.

2 Presents a mostly logical and coherent argument and provides a reasonably adequate application using appropriate legal terminology. Whilst there may be error in grammar, punctuation and spelling, these are not enough to detract from a mostly effective communication of meaning.

1 Presents effective communication using appropriate legal terminology. Nonetheless, there may be several errors in grammar, punctuation and spelling, although not enough to detract from communication of meaning.

0 Fails to communicate and present logical argument, including inadequate use of legal terminology. There are significant errors of grammar, punctuation and spelling which detract from communication of meaning.

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Q.3 Assess the extent to which consumers are protected if they are in default of a credit agreement. [25]

Credit reference to: The scheme of the Consumer Credit Act 1974 was always that the debtor or

hirer should be given a detailed notice of any event which might trigger termination or the operation of any other right of the creditor or owner against the debtor.

CCA 1974 provisions under part 6. Major change to the existing default notice provisions made by Section 14 of

the CCA 2006. The creation of a new concept of "default sum" and notice for default sums

under Section 12 of the CCA 2006. Notice of sums in arrears – fixed term credit agreements under the CCA 2006 Failure to give notice of sums in arrears. This imposes burdens on creditors

and greatly increases the opportunity of well informed defaulters to keep enforcement at bay.

The provision of information sheets. Time orders. AO1

Marks Knowledge and Understanding 8-9 Candidates display a sound knowledge and understanding of the subject

content relevant to the question and a good perception of the concepts and principles underlying that subject content.

6-7 Candidates display an adequate knowledge and understanding of the subject content relevant to the question and have a perception of some of the concepts and principles underlying that subject content. They display a general understanding of the practical application of the law and are aware of aspects of current debate and criticism.

3-5 Candidates display a limited knowledge and understanding of the subject content relevant to the question with limited insight into some of the concepts and principles underlying that subject content. They display a limited understanding of the practical application of the law and are aware in general terms of some of the current criticisms.

0-2 Candidates display a basic knowledge and understanding of the subject content relevant to the question and/or identify some of the relevant principles. They demonstrate occasional basic insights into some of the concepts and principles underlying the subject content. They display a basic understanding of the practical application of the law.

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AO2

Marks Skills 11-13 Candidates demonstrate a sound evaluation of how the law operates, or an

accurate and well-substantiated application of the law to a given fact situation. This is achieved through their selection of legal authorities, by appropriate methodologies and by their ability to apply the law to a given question. They support their conclusions by citation, analysis and analogy.

7-10 Candidates demonstrate an adequate evaluation of how the law operates, or a generally accurate and substantiated application of the law to a given fact situation. This is achieved through their selection of legal authorities, by appropriate methodologies and by their ability to apply the law to a given question. They support their conclusions by citation, analysis and analogy.

3-6 Candidates demonstrate a limited evaluation of some of the points of how the law operates, or apply the law to a given fact situation in a partly accurate and occasionally unsubstantiated way. This is achieved through a limited selection of legal authorities and limited ability to apply the law to a given question.

0-2 Candidates demonstrate a basic evaluation of one of the simpler points of how the law operates or apply the law to a given factual situation in a generally inaccurate and unsubstantiated way. There will be little or no reference to legal authorities and points will not be developed. There will be very limited evidence of structure in the candidate's response.

Marks A03

3 Presents a wholly illogical and coherent argument and provides clear application using appropriate legal terminology. This does not mean that there are no errors in grammar, punctuation and spelling but these will only be occasional.

2 Presents a mostly logical and coherent argument and provides a reasonably adequate application using appropriate legal terminology. Whilst there may be error in grammar, punctuation and spelling, these are not enough to detract from a mostly effective communication of meaning.

1 Presents effective communication using appropriate legal terminology. Nonetheless, there may be several errors in grammar, punctuation and spelling, although not enough to detract from communication of meaning.

0 Fails to communicate and present logical argument, including inadequate use of legal terminology. There are significant errors of grammar, punctuation and spelling which detract from communication of meaning.

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Q.4 Evaluate the emergence of implied terms in the development of consumer protection legislation. [25]

Credit reference to: Rise of standard form contracts. The emergency of consumerism as a political imperative. Theory of freedom of contract and the development of welfare principles –

from status to contract to status. Identification of consumer protection legislation during the courts of the 20th

century. Relevant citation and application of statutory provisions. AO1

Marks Knowledge and Understanding 8-9 Candidates display a sound knowledge and understanding of the subject

content relevant to the question and a good perception of the concepts and principles underlying that subject content.

6-7 Candidates display an adequate knowledge and understanding of the subject content relevant to the question and have a perception of some of the concepts and principles underlying that subject content. They display a general understanding of the practical application of the law and are aware of aspects of current debate and criticism.

3-5 Candidates display a limited knowledge and understanding of the subject content relevant to the question with limited insight into some of the concepts and principles underlying that subject content. They display a limited understanding of the practical application of the law and are aware in general terms of some of the current criticisms.

0-2 Candidates display a basic knowledge and understanding of the subject content relevant to the question and/or identify some of the relevant principles. They demonstrate occasional basic insights into some of the concepts and principles underlying the subject content. They display a basic understanding of the practical application of the law.

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AO2

Marks Skills 11-13 Candidates demonstrate a sound evaluation of how the law operates, or an

accurate and well-substantiated application of the law to a given fact situation. This is achieved through their selection of legal authorities, by appropriate methodologies and by their ability to apply the law to a given question. They support their conclusions by citation, analysis and analogy.

7-10 Candidates demonstrate an adequate evaluation of how the law operates, or a generally accurate and substantiated application of the law to a given fact situation. This is achieved through their selection of legal authorities, by appropriate methodologies and by their ability to apply the law to a given question. They support their conclusions by citation, analysis and analogy.

3-6 Candidates demonstrate a limited evaluation of some of the points of how the law operates, or apply the law to a given fact situation in a partly accurate and occasionally unsubstantiated way. This is achieved through a limited selection of legal authorities and limited ability to apply the law to a given question.

0-2 Candidates demonstrate a basic evaluation of one of the simpler points of how the law operates or apply the law to a given factual situation in a generally inaccurate and unsubstantiated way. There will be little or no reference to legal authorities and points will not be developed. There will be very limited evidence of structure in the candidate's response.

Marks AO3

3 Presents a wholly illogical and coherent argument and provides clear application using appropriate legal terminology. This does not mean that there are no errors in grammar, punctuation and spelling but these will only be occasional.

2 Presents a mostly logical and coherent argument and provides a reasonably adequate application using appropriate legal terminology. Whilst there may be error in grammar, punctuation and spelling, these are not enough to detract from a mostly effective communication of meaning.

1 Presents effective communication using appropriate legal terminology. Nonetheless, there may be several errors in grammar, punctuation and spelling, although not enough to detract from communication of meaning.

0 Fails to communicate and present logical argument, including inadequate use of legal terminology. There are significant errors of grammar, punctuation and spelling which detract from communication of meaning.

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Answer one question.

Section B

Q.5 Study the test and answer the questions based on it. The Consumer Protection from Unfair Trading Regulations 2.1 The Consumer Protection from Unfair Trading Regulations 2008 (CPRs),

came into force on 26 May 2008, and implemented the Unfair Commercial practices Directive (UCPD) into UK law.

2.2 The UCPD aims to harmonise the legislation across the European

Community preventing business practices that are unfair to consumers, so as to support growth of the internal (European) market. Uniform law about unfair commercial practices will make it easier for traders based in one Member State to market and sell their products to consumers in other Member States. It will also give consumers greater confidence to shop in the UK, and across borders, by providing a high common standard of consumer protection.

[Source: Guidance on the Consumer Protection from Unfair Trading

Regulations 2008 (BERR)]

(a) Explain the impact of the Consumer Protection from Unfair Trading Regulations on the development of consumer protection law in England and Wales. [11]

Credit reference to: The regulations tackle many issues already covered by existing law.

The purpose of the law is to avoid duplication so as to modify and modernise UK consumer protection framework. The regulations partially or wholly repeal provisions in 23 such laws. 12 of these laws are repealed outright including for instance part 3 of the Consumer Protection Act 1987. 11 are repealed in part including most of the Trade Descriptions Act 1968.

The regulations apply to commercial practices before, during and after a contract is made. The regulations contain a general prohibition of unfair commercial practices and in particular contain prohibitions of misleading and aggressive commercial practices. They also prohibit 31 specific commercial practices.

If consumers are treated fairly then traders are likely to be complying with the regulations.

Candidates will be rewarded for accurate citation of the regulations and in particular the development of the concept of unfairness in commercial practices.

Quality of written communication The quality of written communication is embedded in Assessment Objective 3 of this

unit.

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Marks AO3

2 Presents a wholly logical and coherent argument and provides clear application using appropriate legal terminology. This does not mean that there are no errors in grammar , punctuation and spelling but these will only be occasional.

1 Presents a mostly logical and coherent argument and provides a reasonably adequate application using appropriate legal terminology. Whilst there may be error in grammar, punctuation and spelling, these are not enough to detract from a mostly effective communication of meaning.

Marks AO1

Knowledge and Understanding 8-9 Candidates display a sound knowledge and understanding of the subject content

relevant to the question and a good perception of the concepts and principles underlying that subject content. They display a sound understanding of the practical application of the law and are aware of current debate and criticism including the major proposals for reform.

6-7 Candidates display an adequate knowledge and understanding of the subject content relevant to the question and have a perception of some of the concepts and principles underlying that subject content. They display a general understanding of the practical application of the law and are aware of aspects of current debate and criticism.

3-5 Candidates display a limited knowledge and understanding of the subject content relevant to the question with limited insight into some of the concepts and principles underlying the subject content. They display a limited understanding of the practical application of the law and are aware in general terms of some of the current criticisms.

0-2 Candidates display a basic knowledge and understanding of the subject content relevant to the question and/or identify some of the relevant principles. They demonstrate occasional basic insights into some of the concepts and principles underlying the subject content. They display a basic understanding of the practical applications of the law.

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(b) Assess the role of European directives in the development of consumer protection law in England and Wales. [14]

Credit reference to:

Note the role of European law and the distinction drawn between directives and regulations. The concept of direct effect and direct applicability.

Note the role of European law in the development of both consumer protection and contract law.

An understanding of the EU context and the treaty frameworks. The general framework for EU activities in favour of consumers. Relevant citation in consumer law of directives, for example, the

Unfair Commercial Practices Directive (Directive 2005/29/EC).

Marks AO3 1 Presents effective communication using appropriate legal terminology.

Nonetheless, there may be several errors in grammar, punctuation and spelling, although not enough to detract from communication of meaning.

0 Fails to communicate and present logical argument, including inadequate use of legal terminology. There are significant errors of grammar, punctuation and spelling which detract from communication of meaning.

Marks AO2 Skills

11-13 Candidates demonstrate a sound evaluation of how the law operates, or an accurate and well-substantiated application of the law to a given fact situation, making an entirely convincing synoptic connection with elements of skills gained in understanding legal reasoning, personnel and methods and understanding legal values, structures and processes. This is achieved through their selection of legal authorities, by appropriate methodologies and by their ability to apply the law to a given question. They support their conclusions by citation, analysis and analogy.

7-10 Candidates demonstrate an adequate evaluation of how the law operates, or a generally accurate and substantiated application of the law to a given fact situation, making a convincing synoptic connection with elements of skills gained in understanding legal reasoning, personnel and methods and understanding legal values, structures and processes. This is achieved through their selection of legal authorities, by appropriate methodologies and by their ability to apply the law to a given question and support their conclusions by citation.

3-6 Candidates demonstrate a limited evaluation of some of the points of how the law operates, or apply the law to a given fact situation in a partly accurate and occasionally unsubstantiated way, making a limited synoptic connection with elements of skills gained in understanding legal reasoning, personnel and methods and understanding legal values, structures and processes. This is achieve through a limited selection of legal authorities and limited ability to apply the law to a given question.

0-2 Candidates demonstrate a basic evaluation of one of the simpler points of how the law operates or apply the law to a given factual situation in a generally inaccurate and unsubstantiated way, making some basic synoptic connection with elements of skills gained in understanding legal reasoning, personnel and methods and understanding legal values, structures and processes. There will be little or no reference to legal authorities and points will not be developed. There will be very limited evidence of structure in the candidate's response.

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Q.6 Study the text and answer the questions based on it.

The Parliamentary Under-Secretary of State for Trade and Industry (Mr Gerry Sutcliffe) said in moving a second reading of the Consumer Credit Bill in a debate in 2005.

"The Bill is the final stage in the most significant reform of domestic consumer credit

law in almost 30 years. It caps the work begun by the former Minister with responsibility for competition and consumers, now the Minister of Public Health, who initiated the wide-ranging consumer credit review. Today, the Bill marks a major step forward towards a fairer, clearer consumer credit market for the 21st century. It will offer benefits to consumers and industry and fulfil our manifesto commitments.

I am pleased to say that, with so much support from hon. Members of all parties and

their welcome for the Bill and the White Paper that preceded it, the measure will empower and protect consumers. It will increase competition and equip the credit sector to meet the challenges of the modern marketplace."

[Source: Hansard] (a) To what extent does the Consumer Credit Act 2006 represent a

significant reform of domestic consumer credit law? [11] Credit reference to: The major reforms including widening the scope of protection through

the abolition principally of the £25,000 limit for regulated agreements; overhauling the licensing regime; abolition of extortionate credit in favour of unfair relationships.

Note the significance of the increased role for the Financial Ombudsman.

The introduction of regulation and risk assessment and the role of the OFT.

Candidates will be rewarded for citation of the underlying principles for the reforms included in the White Paper.

Marks AO3

2 Presents a wholly logical and coherent argument and provides clear application using appropriate legal terminology. This does not mean that there are no errors in grammar, punctuation and spelling but these will only be occasional.

1 Presents a mostly logical and coherent argument and provides a reasonably adequate application using appropriate legal terminology. Whilst there may be error in grammar, punctuation and spelling, these are not enough to detract from a mostly effective communication of meaning.

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Marks AO1

Knowledge and Understanding 8-9 Candidates display a sound knowledge and understanding of the subject content

relevant to the question and a good perception of the concepts and principles underlying that subject content. They display a sound understanding of the practical application of the law and are aware of current debate and criticism including the major proposals for reform.

6-7 Candidates display an adequate knowledge and understanding of the subject content relevant to the question and have a perception of some of the concepts and principles underlying that subject content. They display a general understanding of the practical application of the law and are aware of aspects of current debate and criticism.

3-5 Candidates display a limited knowledge and understanding of the subject content relevant to the question with limited insight into some of the concepts and principles underlying the subject content. They display a limited understanding of the practical application of the law and are aware in general terms of some of the current criticisms.

0-2 Candidates display a basic knowledge and understanding of the subject content relevant to the question and/or identify some of the relevant principles. They demonstrate occasional basic insights into some of the concepts and principles underlying the subject content. They display a basic understanding of the practical applications of the law.

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(b) Evaluate the extent to which courts can refer to Hansard and other extrinsic aids in interpreting consumer credit and other consumer protection legislation. [14]

Credit reference to:

• Difficulty of determining Parliamentary intention. • The process of legislation and interpretation. • Pepper v Hart and other appropriate citation. • The development of an integrated EU consumer credit market and the

inclusion of policy considerations within Government White Papers. Approach taken by the House of Lords in Wilson v First County Trust

Limited (2004) on the use of extrinsic material and particularly Hansard.

Marks AO3 1 Presents effective communication using appropriate legal terminology.

Nonetheless, there may be several errors in grammar, punctuation and spelling, although not enough to detract from communication of meaning.

0 Fails to communicate and present logical argument, including inadequate use of legal terminology. There are significant errors of grammar, punctuation and spelling which detract from communication of meaning.

Marks AO2 Skills

11-13 Candidates demonstrate a sound evaluation of how the law operates, or an accurate and well-substantiated application of the law to a given fact situation, making an entirely convincing synoptic connection with elements of skills gained in understanding legal reasoning, personnel and methods and understanding legal values, structures and processes. This is achieved through their selection of legal authorities, by appropriate methodologies and by their ability to apply the law to a given question. They support their conclusions by citation, analysis and analogy.

7-10 Candidates demonstrate an adequate evaluation of how the law operates, or a generally accurate and substantiated application of the law to a given fact situation, making a convincing synoptic connection with elements of skills gained in understanding legal reasoning, personnel and methods and understanding legal values, structures and processes. This is achieved through their selection of legal authorities, by appropriate methodologies and by their ability to apply the law to a given question and support their conclusions by citation.

3-6 Candidates demonstrate a limited evaluation of some of the points of how the law operates, or apply the law to a given fact situation in a partly accurate and occasionally unsubstantiated way, making a limited synoptic connection with elements of skills gained in understanding legal reasoning, personnel and methods and understanding legal values, structures and processes. This is achieved through a limited selection of legal authorities and limited ability to apply the law to a given question.

0-2 Candidates demonstrate a basic evaluation of one of the simpler points of how the law operates or apply the law to a given factual situation in a generally inaccurate and unsubstantiated way, making some basic synoptic connection with elements of skills gained in understanding legal reasoning, personnel and methods and understanding legal values, structures and processes. There will be little or no reference to legal authorities and points will not be developed. There will be very limited evidence of structure in the candidate's response.

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UNIT 4: UNDERSTANDING LAW IN CONTEXT: FREEDOM, THE STATE AND THE INDIVIDUAL

OPTION 2: CRIMINAL LAW & JUSTICE

PAPER LA4 (A2)

Answer two questions from Section A and one question from Section B

Section A Q.1 "Provocation is a limited defence to murder". Discuss. [25]

Credit reference to: • Homicide Act 1957, s.3

• Partial defence reducing murder to manslaughter. • Elements of the defence - subjective element: loss of self-control; objective

element: D must act as a reasonable person would in the circumstances. • Loss of self-control, e.g., Woollin, Humphreys, Duffy. • The reasonable person test; e.g., Camplin, Mohall, A-G for Jersey v Holley. • Replacement of provocation defence with new defence of "loss of control" by the

Coroners and Justice Act 2009. • The following information about the new defence is included for the convenience

of examiners. It is not necessary that candidates should include the same level of detail in their answers in order to achieve a level 4 mark.

• The Coroners and Justice Act 2009, s.56, abolishes s.3 of the Homicide Act 1957

and replaces the defence of provocation with a new defence of loss of self-control. As with provocation, this is a partial defence that reduces murder to manslaughter. Section 54 sets out the criteria which need to be met for the new defence to succeed. Section 54 (1) lists these as: (a) D's conduct must have resulted from loss of self control; (b) the loss of self-control has a "qualifying trigger" (set out in s.55), and (c) a person of the defendant's sex and age and with an ordinary level of tolerance and self-restraint and in the defendant's circumstances might have acted in the same or a similar way to the defendant. Section 54 (2) clarifies that the loss of self control need not be sudden. However, it remains open to the judge when deciding whether to leave the defence to the jury, or the jury when deciding whether there was loss of self-control or whether other aspects of the defence are made out, to take account of any delay. Section 54 (3) clarifies subsection 1(c) with regard to the defendant's circumstances. All circumstances may be taken into account except those whose only relevance is their effect on the defendant's general level of tolerance and self-restraint. Thus, a history of abuse could be part of the circumstances, whereas a generally short temper cannot.

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Section 54 (4) sets out that a person acting out of considered desire for revenge cannot have the defence even if in he also happens to lose his self-control. Section 54 (5) says that if sufficient evidence is raised by the defence, then the burden of disproving the defence lies on the prosecution. It is now for the judge to decide whether there is sufficient evidence - i.e., whether a jury properly directed might reasonably conclude that the defence is made out. This puts the burden of proof in line with self defence. Section 55 gives the meaning of a "qualifying trigger". The loss of control must have a qualifying trigger for the defence to succeed. The triggers are - (a) where the loss of control is attributable to a fear of serious violence (b) where it is a response to things done or said, or (c) a combination of both. The fear of serious violence is a subjective test and need not be reasonable. It can also apply to fear of serious violence towards another identified person (but not people in general at some time in the future). Things said or done must relate to circumstances of an extremely grave character and cause the defendant to feel a justifiable sense of being seriously wronged. This sets a high threshold (previously there was no threshold). Where the defendant's fear of serious violence stems from something he does himself to incite the violence in order to have an excuse, his fear of violence is to be disregarded. Another limitation is that sexual infidelity is to be disregarded in relation to something said or done. However, the thing said or done can still amount to a qualifying trigger if it would qualify even disregarding the infidelity - e.g., if a parent finds the partner sexually abusing their child.

• Some candidates may not be aware of the new provisions. A candidate who

writes only about provocation under s.3 of the Homicide Act 1957 may still be awarded full marks.

AO1

Marks Knowledge and Understanding 8-9 Candidates display a sound knowledge and understanding of the subject

content relevant to the question and a good perception of the concepts and principles underlying that subject content.

6-7 Candidates display an adequate knowledge and understanding of the subject content relevant to the question and have a perception of some of the concepts and principles underlying that subject content. They display a general understanding of the practical application of the law and are aware of aspects of current debate and criticism.

3-5 Candidates display a limited knowledge and understanding of the subject content relevant to the question with limited insight into some of the concepts and principles underlying that subject content. They display a limited understanding of the practical application of the law and are aware in general terms of some of the current criticisms.

0-2 Candidates display a basic knowledge and understanding of the subject content relevant to the question and/or identify some of the relevant principles. They demonstrate occasional basic insights into some of the concepts and principles underlying the subject content. They display a basic understanding of the practical application of the law.

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AO2

Marks Skills 11-13 Candidates demonstrate a sound evaluation of how the law operates, or an

accurate and well-substantiated application of the law to a given fact situation. This is achieved through their selection of legal authorities, by appropriate methodologies and by their ability to apply the law to a given question. They support their conclusions by citation, analysis and analogy.

7-10 Candidates demonstrate an adequate evaluation of how the law operates, or a generally accurate and substantiated application of the law to a given fact situation. This is achieved through their selection of legal authorities, by appropriate methodologies and by their ability to apply the law to a given question. They support their conclusions by citation, analysis and analogy.

3-6 Candidates demonstrate a limited evaluation of some of the points of how the law operates, or apply the law to a given fact situation in a partly accurate and occasionally unsubstantiated way. This is achieved through a limited selection of legal authorities and limited ability to apply the law to a given question.

0-2 Candidates demonstrate a basic evaluation of one of the simpler points of how the law operates or apply the law to a given factual situation in a generally inaccurate and unsubstantiated way. There will be little or no reference to legal authorities and points will not be developed. There will be very limited evidence of structure in the candidate's response.

Marks A03

3 Presents a wholly illogical and coherent argument and provides clear application using appropriate legal terminology. This does not mean that there are no errors in grammar, punctuation and spelling but these will only be occasional.

2 Presents a mostly logical and coherent argument and provides a reasonably adequate application using appropriate legal terminology. Whilst there may be error in grammar, punctuation and spelling, these are not enough to detract from a mostly effective communication of meaning.

1 Presents effective communication using appropriate legal terminology. Nonetheless, there may be several errors in grammar, punctuation and spelling, although not enough to detract from communication of meaning.

0 Fails to communicate and present logical argument, including inadequate use of legal terminology. There are significant errors of grammar, punctuation and spelling which detract from communication of meaning.

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Q.2 'The Crown Prosecution Service is now for purpose.' Critically examine this statement. [25] Credit reference to: • Prosecution of Offences Act 1985. • Structure of the CPS. • Glidewell Report 1998. • Narey Report 1997. • Code for Crown Prosecutors. • Problems - private prosecutions; cracked trials; judge-ordered acquittals. • Reforms - restructuring of CPS to match police areas; CPS units in police

stations, increased rights of audience for Crown Prosecutors; internal reforms. • Criminal Justice Act 2003 - Responsibility for charging, CPS Direct. • CPS Inspectorate.

AO1 Marks Knowledge and Understanding

8-9 Candidates display a sound knowledge and understanding of the subject content relevant to the question and a good perception of the concepts and principles underlying that subject content.

6-7 Candidates display an adequate knowledge and understanding of the subject content relevant to the question and have a perception of some of the concepts and principles underlying that subject content. They display a general understanding of the practical application of the law and are aware of aspects of current debate and criticism.

3-5 Candidates display a limited knowledge and understanding of the subject content relevant to the question with limited insight into some of the concepts and principles underlying that subject content. They display a limited understanding of the practical application of the law and are aware in general terms of some of the current criticisms.

0-2 Candidates display a basic knowledge and understanding of the subject content relevant to the question and/or identify some of the relevant principles. They demonstrate occasional basic insights into some of the concepts and principles underlying the subject content. They display a basic understanding of the practical application of the law.

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AO2

Marks Skills 11-13 Candidates demonstrate a sound evaluation of how the law operates, or an

accurate and well-substantiated application of the law to a given fact situation. This is achieved through their selection of legal authorities, by appropriate methodologies and by their ability to apply the law to a given question. They support their conclusions by citation, analysis and analogy.

7-10 Candidates demonstrate an adequate evaluation of how the law operates, or a generally accurate and substantiated application of the law to a given fact situation. This is achieved through their selection of legal authorities, by appropriate methodologies and by their ability to apply the law to a given question. They support their conclusions by citation, analysis and analogy.

3-6 Candidates demonstrate a limited evaluation of some of the points of how the law operates, or apply the law to a given fact situation in a partly accurate and occasionally unsubstantiated way. This is achieved through a limited selection of legal authorities and limited ability to apply the law to a given question.

0-2 Candidates demonstrate a basic evaluation of one of the simpler points of how the law operates or apply the law to a given factual situation in a generally inaccurate and unsubstantiated way. There will be little or no reference to legal authorities and points will not be developed. There will be very limited evidence of structure in the candidate's response.

Marks A03

3 Presents a wholly illogical and coherent argument and provides clear application using appropriate legal terminology. This does not mean that there are no errors in grammar, punctuation and spelling but these will only be occasional.

2 Presents a mostly logical and coherent argument and provides a reasonably adequate application using appropriate legal terminology. Whilst there may be error in grammar, punctuation and spelling, these are not enough to detract from a mostly effective communication of meaning.

1 Presents effective communication using appropriate legal terminology. Nonetheless, there may be several errors in grammar, punctuation and spelling, although not enough to detract from communication of meaning.

0 Fails to communicate and present logical argument, including inadequate use of legal terminology. There are significant errors of grammar, punctuation and spelling which detract from communication of meaning.

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Q.3 Evaluate the advantages and disadvantages of strict liability. [25] Credit reference to: • Nature of strict liability, e.g., Larsonneur, Winzar. • Advantages - no need to prove mens rea; saving in court time and costs; useful in

regulatory offences dealing with matters of public concern; raises standards among persons providing goods and services to the public, e.g., Callow v Tilstone, LBC of Handsworth v Shah, Storkwain, Alphacell v Woodward, Gammon Ltd v A-G of Hong Kong.

• Disadvantages - creates injustice; makes sentencing more difficult because of

difficulty in judging blameworthiness; fails to improve standards where D is already doing their best, e.g., Storkwain; Smedleys v Breed.

• Concern over strict liability in serious offences, e.g. B (A minor) v DPP; Sweet v

Parsley, Gammon Ltd v A-G of Hong Kong.

AO1 Marks Knowledge and Understanding

8-9 Candidates display a sound knowledge and understanding of the subject content relevant to the question and a good perception of the concepts and principles underlying that subject content.

6-7 Candidates display an adequate knowledge and understanding of the subject content relevant to the question and have a perception of some of the concepts and principles underlying that subject content. They display a general understanding of the practical application of the law and are aware of aspects of current debate and criticism.

3-5 Candidates display a limited knowledge and understanding of the subject content relevant to the question with limited insight into some of the concepts and principles underlying that subject content. They display a limited understanding of the practical application of the law and are aware in general terms of some of the current criticisms.

0-2 Candidates display a basic knowledge and understanding of the subject content relevant to the question and/or identify some of the relevant principles. They demonstrate occasional basic insights into some of the concepts and principles underlying the subject content. They display a basic understanding of the practical application of the law.

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AO2

Marks Skills 11-13 Candidates demonstrate a sound evaluation of how the law operates, or an

accurate and well-substantiated application of the law to a given fact situation. This is achieved through their selection of legal authorities, by appropriate methodologies and by their ability to apply the law to a given question. They support their conclusions by citation, analysis and analogy.

7-10 Candidates demonstrate an adequate evaluation of how the law operates, or a generally accurate and substantiated application of the law to a given fact situation. This is achieved through their selection of legal authorities, by appropriate methodologies and by their ability to apply the law to a given question. They support their conclusions by citation, analysis and analogy.

3-6 Candidates demonstrate a limited evaluation of some of the points of how the law operates, or apply the law to a given fact situation in a partly accurate and occasionally unsubstantiated way. This is achieved through a limited selection of legal authorities and limited ability to apply the law to a given question.

0-2 Candidates demonstrate a basic evaluation of one of the simpler points of how the law operates or apply the law to a given factual situation in a generally inaccurate and unsubstantiated way. There will be little or no reference to legal authorities and points will not be developed. There will be very limited evidence of structure in the candidate's response.

Marks A03

3 Presents a wholly illogical and coherent argument and provides clear application using appropriate legal terminology. This does not mean that there are no errors in grammar, punctuation and spelling but these will only be occasional.

2 Presents a mostly logical and coherent argument and provides a reasonably adequate application using appropriate legal terminology. Whilst there may be error in grammar, punctuation and spelling, these are not enough to detract from a mostly effective communication of meaning.

1 Presents effective communication using appropriate legal terminology. Nonetheless, there may be several errors in grammar, punctuation and spelling, although not enough to detract from communication of meaning.

0 Fails to communicate and present logical argument, including inadequate use of legal terminology. There are significant errors of grammar, punctuation and spelling which detract from communication of meaning.

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Q.4 'The law on insanity is both unfair and out of date'. Discuss this statement. [25]

Credit reference to: • McNaughton Rules. • Form of verdict and sentencing options. • Relationship between insanity and automatism, e.g. Hill v Baxter, Brougham;

distinction between internal and external causes. • Comparison with medical understanding of insanity, e.g. Kemp. • Diabetes, epilepsy and sleepwalking - e.g., Sullivan, Quick. • Proposals for reform.

AO1

Marks Knowledge and Understanding 8-9 Candidates display a sound knowledge and understanding of the subject

content relevant to the question and a good perception of the concepts and principles underlying that subject content.

6-7 Candidates display an adequate knowledge and understanding of the subject content relevant to the question and have a perception of some of the concepts and principles underlying that subject content. They display a general understanding of the practical application of the law and are aware of aspects of current debate and criticism.

3-5 Candidates display a limited knowledge and understanding of the subject content relevant to the question with limited insight into some of the concepts and principles underlying that subject content. They display a limited understanding of the practical application of the law and are aware in general terms of some of the current criticisms.

0-2 Candidates display a basic knowledge and understanding of the subject content relevant to the question and/or identify some of the relevant principles. They demonstrate occasional basic insights into some of the concepts and principles underlying the subject content. They display a basic understanding of the practical application of the law.

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AO2 Marks Skills 11-13 Candidates demonstrate a sound evaluation of how the law operates, or an

accurate and well-substantiated application of the law to a given fact situation. This is achieved through their selection of legal authorities, by appropriate methodologies and by their ability to apply the law to a given question. They support their conclusions by citation, analysis and analogy.

7-10 Candidates demonstrate an adequate evaluation of how the law operates, or a generally accurate and substantiated application of the law to a given fact situation. This is achieved through their selection of legal authorities, by appropriate methodologies and by their ability to apply the law to a given question. They support their conclusions by citation, analysis and analogy.

3-6 Candidates demonstrate a limited evaluation of some of the points of how the law operates, or apply the law to a given fact situation in a partly accurate and occasionally unsubstantiated way. This is achieved through a limited selection of legal authorities and limited ability to apply the law to a given question.

0-2 Candidates demonstrate a basic evaluation of one of the simpler points of how the law operates or apply the law to a given factual situation in a generally inaccurate and unsubstantiated way. There will be little or no reference to legal authorities and points will not be developed. There will be very limited evidence of structure in the candidate's response.

Marks A03

3 Presents a wholly illogical and coherent argument and provides clear application using appropriate legal terminology. This does not mean that there are no errors in grammar, punctuation and spelling but these will only be occasional.

2 Presents a mostly logical and coherent argument and provides a reasonably adequate application using appropriate legal terminology. Whilst there may be error in grammar, punctuation and spelling, these are not enough to detract from a mostly effective communication of meaning.

1 Presents effective communication using appropriate legal terminology. Nonetheless, there may be several errors in grammar, punctuation and spelling, although not enough to detract from communication of meaning.

0 Fails to communicate and present logical argument, including inadequate use of legal terminology. There are significant errors of grammar, punctuation and spelling which detract from communication of meaning.

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Answer one question.

Section B Q.5 Study the text and answer the questions based on it.

"However dreadful a crime may be, the person accused of committing it has certain rights including the right to a fair trial. That right is protected by English Law, and it is also guaranteed by Article 6 of the Convention. If children are held criminally responsible, they then have to be tried: but ordinary trial procedure will not be appropriate is a child is too immature for such procedure to provide him with a fair trial. If children are tried and convicted, they then have to be sentenced; but it will not be appropriate to sentence them in the same way as an adult."

Opinion of Lord Reid in the case of V.V. the United Kingdom (Application no 248888/94) European Court of Human Rights (1999)

(a) Explain the aims of sentencing where the defendant is a young offender.

[11] Credit reference to: • Aims of sentencing - retribution, rehabilitation, public protection and

deterrence. • Application of aims to young offenders, e.g. rehabilitation. • Aims of Youth Justice Board and Youth Offending Teams. • Main sentences - detention, community sentences, supervision orders,

fines, discharges. Marks A03

2 Presents a wholly logical and coherent argument and provides clear application using appropriate legal terminology. This does not mean that there are no errors in grammar , punctuation and spelling but these will only be occasional.

1 Presents a mostly logical and coherent argument and provides a reasonably adequate application using appropriate legal terminology. Whilst there may be error in grammar, punctuation and spelling, these are not enough to detract from a mostly effective communication of meaning.

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Marks A01

Knowledge and Understanding 8-9 Candidates display a sound knowledge and understanding of the subject content

relevant to the question and a good perception of the concepts and principles underlying that subject content. They display a sound understanding of the practical application of the law and are aware of current debate and criticism including the major proposals for reform.

6-7 Candidates display an adequate knowledge and understanding of the subject content relevant to the question and have a perception of some of the concepts and principles underlying that subject content. They display a general understanding of the practical application of the law and are aware of aspects of current debate and criticism.

3-5 Candidates display a limited knowledge and understanding of the subject content relevant to the question with limited insight into some of the concepts and principles underlying the subject content. They display a limited understanding of the practical application of the law and are aware in general terms of some of the current criticisms.

0-2 Candidates display a basic knowledge and understanding of the subject content relevant to the question and/or identify some of the relevant principles. They demonstrate occasional basic insights into some of the concepts and principles underlying the subject content. They display a basic understanding of the practical applications of the law.

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(b) Evaluate the work of the Youth Court in light of the need to ensure a fair trial. [14]

Credit reference to:

• Article 6, European Convention on Human Rights.

• Nature of youth court; composition; privacy, anonymity.

• More informal procedure.

• Sentencing powers slightly wider than ordinary magistrates' court.

• Inadequacies and possible reforms.

Marks A03 1 Presents effective communication using appropriate legal terminology.

Nonetheless, there may be several errors in grammar, punctuation and spelling, although not enough to detract from communication of meaning.

0 Fails to communicate and present logical argument, including inadequate use of legal terminology. There are significant errors of grammar, punctuation and spelling which detract from communication of meaning.

Marks A02 Skills

11-13 Candidates demonstrate a sound evaluation of how the law operates, or an accurate and well-substantiated application of the law to a given fact situation, making an entirely convincing synoptic connection with elements of skills gained in understanding legal reasoning, personnel and methods and understanding legal values, structures and processes. This is achieved through their selection of legal authorities, by appropriate methodologies and by their ability to apply the law to a given question. They support their conclusions by citation, analysis and analogy.

7-10 Candidates demonstrate an adequate evaluation of how the law operates, or a generally accurate and substantiated application of the law to a given fact situation, making a convincing synoptic connection with elements of skills gained in understanding legal reasoning, personnel and methods and understanding legal values, structures and processes. This is achieved through their selection of legal authorities, by appropriate methodologies and by their ability to apply the law to a given question and support their conclusions by citation.

3-6 Candidates demonstrate a limited evaluation of some of the points of how the law operates, or apply the law to a given fact situation in a partly accurate and occasionally unsubstantiated way, making a limited synoptic connection with elements of skills gained in understanding legal reasoning, personnel and methods and understanding legal values, structures and processes. This is achieve through a limited selection of legal authorities and limited ability to apply the law to a given question.

0-2 Candidates demonstrate a basic evaluation of one of the simpler points of how the law operates or apply the law to a given factual situation in a generally inaccurate and unsubstantiated way, making some basic synoptic connection with elements of skills gained in understanding legal reasoning, personnel and methods and understanding legal values, structures and processes. There will be little or no reference to legal authorities and points will not be developed. There will be very limited evidence of structure in the candidate's response.

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Q.6 Study the text and answer the questions based on it.

Section 3 of the HRA (Human Rights Act 1998) states that 'so far as it is possible to do so, legislation must be read and given effect in a way which is compatible with Convention Rights'. "We have examined the relevant Strasbourg jurisprudence relating to Article 5 of the European Convention on Human Rights (which guarantees the right to liberty). "We have examined the provision of the Bail Act 1976 and section 25 of the Criminal Justice and Public Order Act 1994 in light of this Strasbourg jurisprudence and considered whether, acting in accordance with section 3 and 6 of the HRA, a court and police officers with responsibility for taking bail decisions would be able to make those decisions in a manner that complies with the Convention. "We have concluded that there are no provisions which cannot be interpreted and applied compatibly."

The Law commission: Executive Summary – Report on bail and the

Human Rights Act (Law Com no 269) (a) Explain what factors are taken into account but the courts in deciding

whether to grant or refuse bail. [11]

Credit reference to: • Bail Act 1976 as amended. • Section 4 - presumption in favour of the right to bail. • Schedule 1, para. 9 factors - nature and seriousness of the offence and

probable method of dealing with it; character of accused, community ties and antecedents, previous history of bail, strength of the evidence, any other relevant factors.

• Statutory restrictions on granting bail; Caballero v UK; CJPOA s. 26 (bail

bandits); CJPA 2001 (restrictions on drug use). • Conditions of bail, with examples.

Marks A03

2 Presents a wholly logical and coherent argument and provides clear application using appropriate legal terminology. This does not mean that there are no errors in grammar , punctuation and spelling but these will only be occasional.

1 Presents a mostly logical and coherent argument and provides a reasonably adequate application using appropriate legal terminology. Whilst there may be error in grammar, punctuation and spelling, these are not enough to detract from a mostly effective communication of meaning.

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Marks A01

Knowledge and Understanding 8-9 Candidates display a sound knowledge and understanding of the subject content

relevant to the question and a good perception of the concepts and principles underlying that subject content. They display a sound understanding of the practical application of the law and are aware of current debate and criticism including the major proposals for reform.

6-7 Candidates display an adequate knowledge and understanding of the subject content relevant to the question and have a perception of some of the concepts and principles underlying that subject content. They display a general understanding of the practical application of the law and are aware of aspects of current debate and criticism.

3-5 Candidates display a limited knowledge and understanding of the subject content relevant to the question with limited insight into some of the concepts and principles underlying the subject content. They display a limited understanding of the practical application of the law and are aware in general terms of some of the current criticisms.

0-2 Candidates display a basic knowledge and understanding of the subject content relevant to the question and/or identify some of the relevant principles. They demonstrate occasional basic insights into some of the concepts and principles underlying the subject content. They display a basic understanding of the practical applications of the law.

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(b) Evaluate the extent to which the law on bail balances the unconvicted defendant's right to liberty against the need to protect the public. [14]

Credit reference to: • Article 5 of the ECHR: right to liberty. • Presumption that everyone is innocent until proven guilty. • Effects of remand on defendant; effects on fairness of the trial. • Large numbers of persons held on remand are subsequently acquitted or

receive non-custodial sentence. • Protection of the public against dangerous offenders, e.g., Andrew

Hagans case. • Problem of bail bandits. • Control of persons on bail by means of bail conditions.

Marks AO3

1 Presents effective communication using appropriate legal terminology. Nonetheless, there may be several errors in grammar, punctuation and spelling, although not enough to detract from communication of meaning.

0 Fails to communicate and present logical argument, including inadequate use of legal terminology. There are significant errors of grammar, punctuation and spelling which detract from communication of meaning.

AO2

Marks Skills

11-13

Candidates demonstrate a sound evaluation of how the law operates, or an accurate and well-substantiated application of the law to a given fact situation, making an entirely convincing synoptic connection with elements of skills gained in understanding legal reasoning, personnel and methods and understanding legal values, structures and processes. This is achieved through their selection of legal authorities, by appropriate methodologies and by their ability to apply the law to a given question. They support their conclusions by citation, analysis and analogy.

7-10

Candidates demonstrate an adequate evaluation of how the law operates, or a generally accurate and substantiated application of the law to a given fact situation. making a convincing synoptic connection with elements of skills gained in understanding legal reasoning, personnel and methods and understanding legal values, structures and processes. This is achieved through their selection of legal authorities, by appropriate methodologies and by their ability to apply the law to a given question and support their conclusions by citation.

3-6

Candidates demonstrate a limited evaluation of some of the points of how the law operates, or apply the law to a given fact situation in a partly accurate and occasionally unsubstantiated way; making a limited synoptic connection with elements of skills gained in understanding legal reasoning, personnel and methods and understanding legal values, structures and processes. This is achieved through a limited selection of legal authorities and limited ability to apply the law to a given question.

0-2

Candidates demonstrate a basic evaluation of one of the simpler points of how the law operates or apply the law to a given factual situation in a generally inaccurate and unsubstantiated way; making some basic synoptic connection with elements of skills gained in understanding legal reasoning, personnel and methods and understanding legal values, structures and processes. There will be little or no reference to legal authorities and points will not be developed. There will be very limited evidence of structure in the candidate's response.

Note that the matrices will be applied to the other Section B questions in the Unit Four paper

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UNIT 4: UNDERSTANDING LAW IN CONTEXT: FREEDOM, THE STATE & THE INDIVIDUAL

OPTION 3: FREEDOM OF THE INDIVIDUAL AND

PROTECTION OF HUMAN RIGHTS

PAPER LA4 (A2)

Answer two questions from Section A and one question from Section B

Section A

Q.1 "The Law of England and Wales fails to protect a person's right to freedom of religion". Critically evaluate this statement. [25]

Credit reference to: • Art.9 of the European Convention on Human Rights – the right to freedom of

thought, conscience and religion. • Art.9(2) – qualifies the right to manifest one's religion or beliefs by permitting

restrictions in the interests of public safety, prevention of disorder or crime, protection of health or morals, or protection of the rights and freedoms of others.

• Protection from discrimination on grounds of religion – Equality Act 2006, Part II. • Blasphemy – abolished by the Criminal Justice and Immigration Act 2008, s.79. • Religiously aggravated offences. • Offences relating to religious hatred – Racial and Religious Hatred Act 2006 adds

Part IIIA to the Public Order Act 1986. • Public Order Act 1986, s.29J provides that nothing in Part IIIA prohibits or

restricts discussion, criticism, expressions of antipathy or dislike, ridicule, insult or abuse of particular religions.

AO1 Marks Knowledge and Understanding

8-9

Candidates display a sound knowledge and understanding of the subject content relevant to the question and a good perception of the concepts and principles underlying that subject content. They display a sound understanding of the practical application of the law and are aware of current debate and criticism including the major proposals for reform.

6-7

Candidates display an adequate knowledge and understanding of the subject content relevant to the question and have a perception of some of the concepts and principles underlying that subject content. They display a general understanding of the practical application of the law and are aware of aspects of current debate and criticism.

3-5

Candidates display a limited knowledge and understanding of the subject content relevant to the question with limited insight into some of the concepts and principles underlying that subject content. They display a limited understanding of the practical application of the law and are aware in general terms of some of the current criticisms.

0-2

Candidates display a basic knowledge and understanding of the subject content relevant to the question and/or identify some of the relevant principles. They demonstrate occasional basic insights into some of the concepts and principles underlying the subject content. They display a basic understanding of the practical application of the law.

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AO2

Marks Skills

11-13

Candidates demonstrate a sound evaluation of how the law operates, or an accurate and well-substantiated application of the law to a given fact situation. This is achieved through their selection of legal authorities, by appropriate methodologies and by their ability to apply the law to a given question. They support their conclusions by citation, analysis and analogy.

7-10

Candidates demonstrate an adequate evaluation of how the law operates, or a generally accurate and substantiated application of the law to a given fact situation. This is achieved through their selection of legal authorities, by appropriate methodologies and by their ability to apply the law to a given question and support their conclusions by citation.

3-6

Candidates demonstrate a limited evaluation of some of the points of how the law operates, or apply the law to a given fact situation in a partly accurate and occasionally unsubstantiated way. This is achieved through a limited selection of legal authorities and limited ability to apply the law to a given question.

0-2

Candidates demonstrate a basic evaluation of one of the simpler points of how the law operates or apply the law to a given factual situation in a generally inaccurate and unsubstantiated way. There will be little or no reference to legal authorities and points will not be developed. There will be very limited evidence of structure in the candidate's response.

Marks AO3

3

Presents a wholly logical and coherent argument and provides clear application using appropriate legal terminology. This does not mean that there are no errors in grammar, punctuation and spelling but these will only be occasional.

2

Presents a mostly logical and coherent argument and provides a reasonably adequate application using appropriate legal terminology. Whilst there may be errors in grammar, punctuation and spelling, these are not enough to detract from a mostly effective communication of meaning.

1 Presents effective communication using appropriate legal terminology. Nonetheless, there may be several errors in grammar, punctuation and spelling, although not enough to detract from communication of meaning.

0 Fails to communicate and present logical argument, including inadequate use of legal terminology. There are significant errors of grammar, punctuation and spelling which detract from communication of meaning.

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Q.2 To what extent does the law on contempt of court protect the fairness of a trial? [25]

Credit reference to: • Meaning of contempt of court – conduct tending to interfere with the course of

justice. • Contempt of Court Act 1981. • Strict liability rule, s.1. Applies only to publications addressed to the public at

large or any section of the public (s.2(1)). • Rules on when proceedings are 'active'. • Actus reus of contempt – publication creates a substantial risk of serious

prejudice. • Examples of case law, e.g., A-G v BBC, A-G v ITN.

AO1

Marks Knowledge and Understanding

8-9

Candidates display a sound knowledge and understanding of the subject content relevant to the question and a good perception of the concepts and principles underlying that subject content. They display a sound understanding of the practical application of the law and are aware of current debate and criticism including the major proposals for reform.

6-7

Candidates display an adequate knowledge and understanding of the subject content relevant to the question and have a perception of some of the concepts and principles underlying that subject content. They display a general understanding of the practical application of the law and are aware of aspects of current debate and criticism.

3-5

Candidates display a limited knowledge and understanding of the subject content relevant to the question with limited insight into some of the concepts and principles underlying that subject content. They display a limited understanding of the practical application of the law and are aware in general terms of some of the current criticisms.

0-2

Candidates display a basic knowledge and understanding of the subject content relevant to the question and/or identify some of the relevant principles. They demonstrate occasional basic insights into some of the concepts and principles underlying the subject content. They display a basic understanding of the practical application of the law.

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AO2

Marks Skills

11-13

Candidates demonstrate a sound evaluation of how the law operates, or an accurate and well-substantiated application of the law to a given fact situation. This is achieved through their selection of legal authorities, by appropriate methodologies and by their ability to apply the law to a given question. They support their conclusions by citation, analysis and analogy.

7-10

Candidates demonstrate an adequate evaluation of how the law operates, or a generally accurate and substantiated application of the law to a given fact situation. This is achieved through their selection of legal authorities, by appropriate methodologies and by their ability to apply the law to a given question and support their conclusions by citation.

3-6

Candidates demonstrate a limited evaluation of some of the points of how the law operates, or apply the law to a given fact situation in a partly accurate and occasionally unsubstantiated way. This is achieved through a limited selection of legal authorities and limited ability to apply the law to a given question.

0-2

Candidates demonstrate a basic evaluation of one of the simpler points of how the law operates or apply the law to a given factual situation in a generally inaccurate and unsubstantiated way. There will be little or no reference to legal authorities and points will not be developed. There will be very limited evidence of structure in the candidate's response.

Marks AO3

3

Presents a wholly logical and coherent argument and provides clear application using appropriate legal terminology. This does not mean that there are no errors in grammar, punctuation and spelling but these will only be occasional.

2

Presents a mostly logical and coherent argument and provides a reasonably adequate application using appropriate legal terminology. Whilst there may be errors in grammar, punctuation and spelling, these are not enough to detract from a mostly effective communication of meaning.

1 Presents effective communication using appropriate legal terminology. Nonetheless, there may be several errors in grammar, punctuation and spelling, although not enough to detract from communication of meaning.

0 Fails to communicate and present logical argument, including inadequate use of legal terminology. There are significant errors of grammar, punctuation and spelling which detract from communication of meaning.

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Q.3 Discuss the extent to which discrimination is prohibited under English and Welsh law. [25] Credit reference to: • Grounds on which discrimination is prohibited- race, sex, disability , sexual

orientation, religion or belief, age.. • Examples fo legislation , eg SDA 1975, DRA 1976, DDA 1995, Equality Act 2006 • Forms of discrimination – direct, indirect, victimisation. • Role of Commissioner • Examples of case law.

AO1

Marks Knowledge and Understanding

8-9

Candidates display a sound knowledge and understanding of the subject content relevant to the question and a good perception of the concepts and principles underlying that subject content. They display a sound understanding of the practical application of the law and are aware of current debate and criticism including the major proposals for reform.

6-7

Candidates display an adequate knowledge and understanding of the subject content relevant to the question and have a perception of some of the concepts and principles underlying that subject content. They display a general understanding of the practical application of the law and are aware of aspects of current debate and criticism.

3-5

Candidates display a limited knowledge and understanding of the subject content relevant to the question with limited insight into some of the concepts and principles underlying that subject content. They display a limited understanding of the practical application of the law and are aware in general terms of some of the current criticisms.

0-2

Candidates display a basic knowledge and understanding of the subject content relevant to the question and/or identify some of the relevant principles. They demonstrate occasional basic insights into some of the concepts and principles underlying the subject content. They display a basic understanding of the practical application of the law.

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AO2

Marks Skills

11-13

Candidates demonstrate a sound evaluation of how the law operates, or an accurate and well-substantiated application of the law to a given fact situation. This is achieved through their selection of legal authorities, by appropriate methodologies and by their ability to apply the law to a given question. They support their conclusions by citation, analysis and analogy.

7-10

Candidates demonstrate an adequate evaluation of how the law operates, or a generally accurate and substantiated application of the law to a given fact situation. This is achieved through their selection of legal authorities, by appropriate methodologies and by their ability to apply the law to a given question and support their conclusions by citation.

3-6

Candidates demonstrate a limited evaluation of some of the points of how the law operates, or apply the law to a given fact situation in a partly accurate and occasionally unsubstantiated way. This is achieved through a limited selection of legal authorities and limited ability to apply the law to a given question.

0-2

Candidates demonstrate a basic evaluation of one of the simpler points of how the law operates or apply the law to a given factual situation in a generally inaccurate and unsubstantiated way. There will be little or no reference to legal authorities and points will not be developed. There will be very limited evidence of structure in the candidate's response.

Marks AO3

3

Presents a wholly logical and coherent argument and provides clear application using appropriate legal terminology. This does not mean that there are no errors in grammar, punctuation and spelling but these will only be occasional.

2

Presents a mostly logical and coherent argument and provides a reasonably adequate application using appropriate legal terminology. Whilst there may be errors in grammar, punctuation and spelling, these are not enough to detract from a mostly effective communication of meaning.

1 Presents effective communication using appropriate legal terminology. Nonetheless, there may be several errors in grammar, punctuation and spelling, although not enough to detract from communication of meaning.

0 Fails to communicate and present logical argument, including inadequate use of legal terminology. There are significant errors of grammar, punctuation and spelling which detract from communication of meaning.

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Q.4 "The media face few legal controls over their right to intrude into the private lives of individuals". Discuss. [25]

• ECHR Art.8 – right to privacy and family life. • ECHR Art.10 – right to freedom of expression and to impart and receive

information. • No specific right to privacy in English law: Kaye v Robertson. • Some protection against intrusion given by laws which protect property rights,

e.g. trespass, nuisance, copyright. • Breach of confidence, with examples of case law, e.g. Douglas v Hello!, Campbell

v MGN, Venables v NGN. • Self regulation by media, e.g. Press Complaints Commission.

AO1

Marks Knowledge and Understanding

8-9

Candidates display a sound knowledge and understanding of the subject content relevant to the question and a good perception of the concepts and principles underlying that subject content. They display a sound understanding of the practical application of the law and are aware of current debate and criticism including the major proposals for reform.

6-7

Candidates display an adequate knowledge and understanding of the subject content relevant to the question and have a perception of some of the concepts and principles underlying that subject content. They display a general understanding of the practical application of the law and are aware of aspects of current debate and criticism.

3-5

Candidates display a limited knowledge and understanding of the subject content relevant to the question with limited insight into some of the concepts and principles underlying that subject content. They display a limited understanding of the practical application of the law and are aware in general terms of some of the current criticisms.

0-2

Candidates display a basic knowledge and understanding of the subject content relevant to the question and/or identify some of the relevant principles. They demonstrate occasional basic insights into some of the concepts and principles underlying the subject content. They display a basic understanding of the practical application of the law.

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AO2

Marks Skills

11-13

Candidates demonstrate a sound evaluation of how the law operates, or an accurate and well-substantiated application of the law to a given fact situation. This is achieved through their selection of legal authorities, by appropriate methodologies and by their ability to apply the law to a given question. They support their conclusions by citation, analysis and analogy.

7-10

Candidates demonstrate an adequate evaluation of how the law operates, or a generally accurate and substantiated application of the law to a given fact situation. This is achieved through their selection of legal authorities, by appropriate methodologies and by their ability to apply the law to a given question and support their conclusions by citation.

3-6

Candidates demonstrate a limited evaluation of some of the points of how the law operates, or apply the law to a given fact situation in a partly accurate and occasionally unsubstantiated way. This is achieved through a limited selection of legal authorities and limited ability to apply the law to a given question.

0-2

Candidates demonstrate a basic evaluation of one of the simpler points of how the law operates or apply the law to a given factual situation in a generally inaccurate and unsubstantiated way. There will be little or no reference to legal authorities and points will not be developed. There will be very limited evidence of structure in the candidate's response.

Marks AO3

3

Presents a wholly logical and coherent argument and provides clear application using appropriate legal terminology. This does not mean that there are no errors in grammar, punctuation and spelling but these will only be occasional.

2

Presents a mostly logical and coherent argument and provides a reasonably adequate application using appropriate legal terminology. Whilst there may be errors in grammar, punctuation and spelling, these are not enough to detract from a mostly effective communication of meaning.

1 Presents effective communication using appropriate legal terminology. Nonetheless, there may be several errors in grammar, punctuation and spelling, although not enough to detract from communication of meaning.

0 Fails to communicate and present logical argument, including inadequate use of legal terminology. There are significant errors of grammar, punctuation and spelling which detract from communication of meaning.

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SECTION B

Answer one question from this section

Q.5 Study the text and answer the questions based on it.

"Undoubtedly, the existence of some law-granting powers of interception of communication to aid the police in their function of investigating and detecting crime may be necessary in a democratic society for the prevention of disorder or crime, within the meaning of Article 8. However, the exercise of such powers, because of its inherent secrecy, carries with it a danger of abuse of a kind which could have harmful consequences for democratic society as a whole. The secret interception of communications can only be necessary in a democratic society if the particular system of secret surveillance adopted contains adequate guarantees against abuse."

(Malone v. The United Kingdom (Application no.8691/79) 1984,

European Court of Human Rights) (a) Explain the law on interception of communications. [11]

Credit reference to: • Interception of Communications Act 1985. • Regulation of Investigatory Powers Act 2000. • Authorisation of interception. • Grounds on which interception may be authorised. • Role of Surveillance Commissioner. • Role of RIPA Tribunal.

Marks AO3

2

Presents a wholly logical and coherent argument and provides clear application using appropriate legal terminology. This does not mean that there are no errors in grammar, punctuation and spelling but these will only be occasional.

1

Presents a mostly logical and coherent argument and provides a reasonably adequate application using appropriate legal terminology. Whilst there may be errors in grammar, punctuation and spelling, these are not enough to detract from a mostly effective communication of meaning.

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AO1 Marks Knowledge and Understanding

8-9

Candidates display a sound knowledge and understanding of the subject content relevant to the question and a good perception of the concepts and principles underlying that subject content. They display a sound understanding of the practical application of the law and are aware of current debate and criticism including the major proposals for reform.

6-7

Candidates display an adequate knowledge and understanding of the subject content relevant to the question and have a perception of some of the concepts and principles underlying that subject content. They display a general understanding of the practical application of the law and are aware of aspects of current debate and criticism.

3-5

Candidates display a limited knowledge and understanding of the subject content relevant to the question with limited insight into some of the concepts and principles underlying that subject content. They display a limited understanding of the practical application of the law and are aware in general terms of some of the current criticisms.

0-2

Candidates display a basic knowledge and understanding of the subject content relevant to the question and/or identify some of the relevant principles. They demonstrate occasional basic insights into some of the concepts and principles underlying the subject content. They display a basic understanding of the practical application of the law.

(b) Evaluate the argument that the state should always act in accordance

with the rule of law. [14] Credit reference to:

• Meaning of the Rule of Law. • Dicey's elements of the Rule of Law – there should be no punishment

unless for a breach of positive law; one law should govern everyone, including ordinary citizens and state officials; the rights of citizens are secured not by a written constitution but by the ordinary law applied in the courts.

• The state should use its power only in accordance with legal rules that apply to everyone – should not take people's lives, imprison people without trial, use torture, etc.

• No doctrine of 'reasons of state' – the acts of the state should be justifiable in law and not only with reference to necessity or state security.

• The Rule of Law prevents arbitrary and despotic government.

Marks AO3

1 Presents effective communication using appropriate legal terminology. Nonetheless, there may be several errors in grammar, punctuation and spelling, although not enough to detract from communication of meaning.

0

Fails to communicate and present logical argument, including inadequate use of legal terminology. There are significant errors of grammar, punctuation and spelling which detract from communication of meaning.

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AO2 Marks Skills

11-13

Candidates demonstrate a sound evaluation of how the law operates, or an accurate and well-substantiated application of the law to a given fact situation, making an entirely convincing synoptic connection with elements of skills gained in understanding legal reasoning, personnel and methods and understanding legal values, structures and processes. This is achieved through their selection of legal authorities, by appropriate methodologies and by their ability to apply the law to a given question. They support their conclusions by citation, analysis and analogy.

7-10

Candidates demonstrate an adequate evaluation of how the law operates, or a generally accurate and substantiated application of the law to a given fact situation. making a convincing synoptic connection with elements of skills gained in understanding legal reasoning, personnel and methods and understanding legal values, structures and processes. This is achieved through their selection of legal authorities, by appropriate methodologies and by their ability to apply the law to a given question and support their conclusions by citation.

3-6

Candidates demonstrate a limited evaluation of some of the points of how the law operates, or apply the law to a given fact situation in a partly accurate and occasionally unsubstantiated way; making a limited synoptic connection with elements of skills gained in understanding legal reasoning, personnel and methods and understanding legal values, structures and processes. This is achieved through a limited selection of legal authorities and limited ability to apply the law to a given question.

0-2

Candidates demonstrate a basic evaluation of one of the simpler points of how the law operates or apply the law to a given factual situation in a generally inaccurate and unsubstantiated way; making some basic synoptic connection with elements of skills gained in understanding legal reasoning, personnel and methods and understanding legal values, structures and processes. There will be little or no reference to legal authorities and points will not be developed. There will be very limited evidence of structure in the candidate's response.

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Q.6 Study the text and answer the questions based on it.

"The government should adopt a Bill of Rights in the UK, a cross-party committee of MPs has urged.

The Joint Committee on Human Rights said the bill should go further than current human rights legislation. The bill should give greater protection to groups such as children, the elderly and those with learning difficulties, it said in a report. Labour and the Conservatives agree on the need for a new Bill of Rights, but differ on what areas it should cover. The Conservatives have said they would bring in such a bill to replace the Human Rights Act. The committee said the bill should include rights to housing, education and a healthy environment. Its report referred to a survey conducted in 2006 when more than three-quarters of the people polled agreed that "Britain needs a Bill of Rights to protect the liberty of the individual." The report said that the new Bill should include all the rights spelt out in the Human Rights Act, and then enshrine others in law. The report said: "We recommend for inclusion, amongst others, the right to trial by jury, the right to administrative justice and international human rights as yet not incorporated into UK Law."

[From a report featured on BBC Sunday, 10 August 2008] (a) Explain the arguments for a UK Bill of Rights. [11]

Credit reference to: • Britain has no written constitution setting out the rights of citizens. • Almost all developed Western nations have a Bill of Rights. • The Human Rights Act 1998 is a piece of ordinary legislation which could

be repealed by any government. • The HRA 1998 is based on the ECHR, which is not adequate to a modern

society. It is half a century old, and does not provide for social, economic or political rights. It does not reflect the specific needs of the UK. Many of the ECHR rights are qualified in ways that allow them to be effectively overridden by a UK government. The UK government is not prevented from passing legislation which infringes human and civil rights.

• The HRA 1998 depends for its effectiveness on the willingness of the judiciary to uphold human and civil rights.

• A Bill of Rights could include rights which meet the needs of the UK. • A Bill of Rights would be entrenched. • A Bill of Rights would set permanent limits on the actions of the executive. • A Bill of Rights would make governments more accountable for their

actions.

Marks AO3

2

Presents a wholly logical and coherent argument and provides clear application using appropriate legal terminology. This does not mean that there are no errors in grammar, punctuation and spelling but these will only be occasional.

1

Presents a mostly logical and coherent argument and provides a reasonably adequate application using appropriate legal terminology. Whilst there may be errors in grammar, punctuation and spelling, these are not enough to detract from a mostly effective communication of meaning.

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AO1 Marks Knowledge and Understanding

8-9

Candidates display a sound knowledge and understanding of the subject content relevant to the question and a good perception of the concepts and principles underlying that subject content. They display a sound understanding of the practical application of the law and are aware of current debate and criticism including the major proposals for reform.

6-7

Candidates display an adequate knowledge and understanding of the subject content relevant to the question and have a perception of some of the concepts and principles underlying that subject content. They display a general understanding of the practical application of the law and are aware of aspects of current debate and criticism.

3-5

Candidates display a limited knowledge and understanding of the subject content relevant to the question with limited insight into some of the concepts and principles underlying that subject content. They display a limited understanding of the practical application of the law and are aware in general terms of some of the current criticisms.

0-2

Candidates display a basic knowledge and understanding of the subject content relevant to the question and/or identify some of the relevant principles. They demonstrate occasional basic insights into some of the concepts and principles underlying the subject content. They display a basic understanding of the practical application of the law.

(b) To what extent does the Human Rights Act 1998 protect human rights in

the UK? [14]

Credit reference to: • The Human Rights Act 1998 incorporates the rights given in the ECHR

into UK law, with a few exceptions. • The HRA 1998 provides positive rights and not merely residuary liberties. • Rights under the ECHR are directly applicable in UK courts without the

need to apply to Strasbourg. • Section 6 imposes a duty on all public authorities, including the courts, to

act compatibly with Convention rights. • Section 2 imposes an obligation on the courts to take account of

Strasbourg jurisprudence. • Section 3 requires all legislation to be interpreted compatibly with

Convention rights so far as is possible to do so. • The courts have no power to overrule primary legislation if it proves

impossible to interpret it in a way which is compatible with Convention rights.

• The higher courts have power to issue a declaration of incompatibility under s.4.

• The government must include a statement of compatibility in all proposed legislation, or state that it intends to proceed with the bill anyway (s.19).

• Examples of case law.

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Marks AO3

1

Presents effective communication using appropriate legal terminology. Nonetheless, there may be several errors in grammar, punctuation and spelling, although not enough to detract from communication of meaning.

0

Fails to communicate and present logical argument, including inadequate use of legal terminology. There are significant errors of grammar, punctuation and spelling which detract from communication of meaning.

AO2

Marks Skills

11-13

Candidates demonstrate a sound evaluation of how the law operates, or an accurate and well-substantiated application of the law to a given fact situation, making an entirely convincing synoptic connection with elements of skills gained in understanding legal reasoning, personnel and methods and understanding legal values, structures and processes. This is achieved through their selection of legal authorities, by appropriate methodologies and by their ability to apply the law to a given question. They support their conclusions by citation, analysis and analogy.

7-10

Candidates demonstrate an adequate evaluation of how the law operates, or a generally accurate and substantiated application of the law to a given fact situation. making a convincing synoptic connection with elements of skills gained in understanding legal reasoning, personnel and methods and understanding legal values, structures and processes. This is achieved through their selection of legal authorities, by appropriate methodologies and by their ability to apply the law to a given question and support their conclusions by citation.

3-6

Candidates demonstrate a limited evaluation of some of the points of how the law operates, or apply the law to a given fact situation in a partly accurate and occasionally unsubstantiated way; making a limited synoptic connection with elements of skills gained in understanding legal reasoning, personnel and methods and understanding legal values, structures and processes. This is achieved through a limited selection of legal authorities and limited ability to apply the law to a given question.

0-2

Candidates demonstrate a basic evaluation of one of the simpler points of how the law operates or apply the law to a given factual situation in a generally inaccurate and unsubstantiated way; making some basic synoptic connection with elements of skills gained in understanding legal reasoning, personnel and methods and understanding legal values, structures and processes. There will be little or no reference to legal authorities and points will not be developed. There will be very limited evidence of structure in the candidate's response.

Note that the matrices will be applied to the other Section B questions in the Unit Four paper.

GCE Law Marking Scheme (AS/A2) Summer 2010 / JSM

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