1

Barnet College

Subject Handbook

AS /A Level Law

2

Contents

Welcome 3 A Level Programme 4 A Level Grades 7 Web Sites 8 AS Scheme of Assessment 9 AS Unit English Legal System 9 AS Unit Sources of Law 12 A2 Scheme of Assessment 13 A2 Unit Criminal Law 14 A2 Unit Criminal Law Special Study 16

3

WELCOME

The Law team would like to take this opportunity to welcome you to

Barnet College.

We hope that you will find your study of law both enjoyable and

challenging.

Please regularly access the Moodle to visit the AS / A Law Home

Page which has all lecture handouts and web based resources.

We will do all that we can to enable you to achieve a successful

outcome to the course.

Tutor:

Yasmin Ali Khan

If you have any queries please contact Yasmin Ali Khan on 0208 275

3902 or email yasmin.alikhan@barnetsouthgate.ac.uk

4

A Level Programme

1. During this programme we expect you to:

a) Attend regularly and be punctual

b) Complete all set work to a high standard

c) Submit all homework by deadlines

d) Pass all internal exams to a high standard

2. Work Policy

a) You are expected to do reading and note taking on topics

discussed in class.

b) Essays and homework are set at regular intervals and for each

topic.

c) Class work and timed essays will be set. Work to be done in

holiday weeks will also be set.

d) Homework must be completed and given in to tutors by set

dates.

e) Homework and exam scripts will be returned and discussed

with you.

Marks and Grades awarded will be explained.

5

3. Examinations - Year One

a) Internal – Various

b) External – January and May

c) Entry to the External Examination

At the beginning of the Spring Term tutors will decide whether

you can be entered for the external examinations.

These decisions will be based on:

(i) Your record of attendance and punctuality

(ii) Your examination results

(iii) Your class work and homework record

(d) Preparing for the External Examinations

(i) Timed essays will increase in frequency.

(ii) You will be expected to work out a timetable of revision

with your Law tutors,

(iii) You will be given guidance and help with revision

techniques.

4. Visits

A number of visits will be arranged in the first year. We expect to

include a trip to the Central London Criminal Crown Court (Old

Bailey) and/or Local Magistrates Court. We will give you

information nearer the date.

6

5. Entry to the Second Year

At the end of the first year your tutors will assess your progress

and decide whether you can go into the second year. You will also

have received a formal assessment after the January external

exams, when you will have been told what progress you are

making, and the likelihood of your being able to go on to the

second year.

Factors that will be looked at include:

a) Have attended classes regularly and punctually

b) Have completed all homework and class work set to a good

standard

c) Have reached a good standard in a mid-sessional and end of

year examinations.

7

WHAT DO LEVEL GRADES MEAN? The question in the AS/A level exam is marked numerically and the score is turned into a percentage. The percentages are turned into grades / points on the following system. The total marks for AS are 200 points and for A2 it is 400 points.

AS A2

A* 340-400 A 80% 160-200 320 - 400 B 70%-79% 140-159 280 - 319 C 60%-69% 120-139 240 - 279 D 50%-59% 100 -119 200 - 239 E 40%-49% 80-99 160 -199 U Below 39% 0-79 0-159 Notice that there may be only 11% (21 marks) difference between a D and a B!

8

Useful Web Sites

Law Society www.lawsoc.org.uk

General Council of the Bar www.barcouncil.org.uk

Court Service www.courtservice.gov.uk

UK Parliament www.parliament.uk

Supreme Court www.supremecourt.gov.uk/

E-Law student www.e-lawresources.co.uk/Criminal.php

A Level Law www.a-level-law.com/criminal.htm

Bournemouth and Poole Sixth Form College

www.sixthform.info/law

The Incorporated Council of Law Reporting

www.lawreports.co.uk

Butterworths Law Campus www.lexisnexis.co.uk/lawcampus

Catalogue of Internet Resources www.bubl.ac.uk/link/l/lawlinks.htm

Legal Executive Journal www.ilexjournal.co.uk

St Brendan’s Sixth Form College www.stbrn.ac.uk/other/depts/law

9

AS Unit Content

AS Unit G151 60% of total marks (120) and Two Hours

This unit is based on areas of knowledge and understanding of the

English legal system.

Candidates are expected to have knowledge and understanding of,

for example, civil and criminal courts, police powers, the penal

system and the judiciary.

This unit is concerned only with the law applicable in England and

Wales, which includes, as far as the chosen topics of study are

concerned, the impact of European Union law on domestic law and

legal institutions.

Candidates will be required to support their knowledge by citation

of relevant leading cases and the main provisions of relevant

statutes.

While candidates are encouraged to be aware of the changing

nature of law, they are not required to be familiar with innovations

coming into effect in the twelve months immediately preceding the

examination.

G151: English Legal System

Civil courts and other methods of dispute resolution

Civil courts County Court and High Court; jurisdiction at first

instance; small claims; fast track; multi-track. Appeals and

appellate courts.

Problems of using the courts.

Alternative to the courts (dispute resolution) - Arbitration;

conciliation; mediation.

10

Criminal process

Police powers

Powers to stop and search; powers of arrest; powers of detention

and the treatment of suspects at the police station.

Balance of individual rights and the need for investigative powers.

Criminal courts

Pre-trial matters: bail, plea before venue, mode of trial.

Jurisdiction of Magistrates' Courts and Crown Courts at first

instance.

Appeals and appellate courts.

Prosecution and defence rights of appeal.

Penal system

Principles of sentencing Aims of sentencing; purpose and effect of

sentences; reoffending rates.

An understanding of different types of sentences, e.g. custodial,

community, fines and discharges; compensation and other powers.

11

Judiciary

Selection and appointment; social background; training; tenure;

independence; role.

The theory of the separation of powers.

The legal profession

Barristers Training, work and organisation.

Solicitors Training, work and organisation.

Regulation and complaints.

Lay people in the legal system

Lay magistrates Selection and appointment; social background;

training; role

(including the role of the magistrates’ clerk); evaluation and

criticism.

Juries Qualifications of jurors; selection of jury panels; role in

criminal and civil cases; evaluation and criticism. Alternatives to

jury.

*Provision of legal services

Government funding Legal Services Commission; Community

Legal Service; Criminal Defence Service; Public Defender

Service; funding of civil and criminal cases; advice schemes in

civil and criminal cases. Access to justice.

Advice agencies Purpose and role of Citizens’ Advice Bureaux;

law centres; other advice agencies. Private funding of cases and

Conditional fees

12

Unit G152 Sources of Law 40% of total marks (80) and One Hour

Doctrine of precedent

Mechanics of precedent. Precedent as operated in the English

Legal System; stare decisis; obiter dicta, ratio decidendi;

hierarchy of the courts; binding and persuasive precedent;

overruling; reversing; distinguishing.

Law-making potential Original precedent; the Practice Statement

1966; distinguishing; the role of the judges.

Legislation

Acts of Parliament Green Papers, White Papers, legislative stages

in Parliament.

Delegated legislation Orders in Council; statutory instruments; bylaws; control of

delegated legislation including Parliamentary Scrutiny

Committees and Judicial Review; reasons for delegating

legislative powers.

Statutory Interpretation Literal rule, Golden rule, Mischief rule, purposive approach; rules

of language; presumptions; intrinsic and extrinsic aids; effects of

membership of the European Union on interpretation.

European Union law

Institutions Role of the Council, Commission, Parliament and the

European Court of Justice, including Article 234 references.

Primary and secondary sources Treaties, regulations, directives and

13

decisions; their implementation and enforcement; the impact of

European Union law on domestic legal institutions and law.

A2 Criminal Law

Candidates are expected to demonstrate knowledge and

understanding of the principles of criminal law and to develop a

critical awareness of the present state of criminal law in relation

both to the scope of specific crimes and the applicability of

particular defences. They are expected to have a general

appreciation of the role of criminal law in modern society and to be

able to relate this to specific issues, e.g. whether it is justifiable to

have crimes of strict liability. Candidates are required to

demonstrate some synoptic thinking. This is achieved by relevant

reference to precedent and/or statutory materials including the

development of law and comments on justice or morality where

appropriate. It is also achieved by relevant use of precedent and/or

statutory materials in the application of legal reasoning to given

factual situations, including comment on the justice or morality of

the outcome where appropriate.

Candidates will be required to support their knowledge by citation

of relevant leading cases and the main provisions of relevant

statutes.

While candidates are encouraged to be aware of the changing

nature of law, they are not required to be familiar with innovations

coming into effect in the twelve months immediately preceding the

examination.

14

Unit G153: Criminal Law

Principles of criminal liability

Actus reus General principles of proof of positive acts before liability may be

incurred; omissions as actus reus in certain duty situations;

principles of causation; ‘sine qua non’; factors affecting the chain

of causation.

Mens rea General principles of intention; direct intent; oblique intent;

specific intent; recklessness; foresight of consequences; transferred

malice.

Strict liability Principles of strict/absolute liability; statutory nature; interpretation

by courts; policy issues; social utility; no negligence – due

diligence defences.

Attempted crimes

Attempts Statutory definition; mens rea and actus reus; meaning of

‘more than merely preparatory’; attempts to do the impossible.

Offences against the person

Murder

The actus reus and mens rea required; defences of diminished

responsibility and provocation.

Involuntary manslaughter

Constructive (unlawful act) manslaughter; gross negligence

15

manslaughter; reckless manslaughter.

General defences

Insanity

M’Naghten rules; effects of insanity as a defence.

Automatism

Definition of automatism; self-induced automatism; distinctions

between insane and non-insane automatism.

Duress, necessity Scope and nature of these as defences; self-induced duress; duress

of circumstances; limits to their availability.

Intoxication Voluntary intoxication and its effect on liability for different

offences; involuntary intoxication; specific/basic intent dichotomy;

intoxicated mistake; public policy issues.

Self-defence Self defence and defence of another/prevention of crime; degree of

force; mistaken use of force in self-defence.

Consent

Consent and imitations on this defence.

Non-fatal offences against the person Assault and battery; actual bodily harm; wounding; grievous

bodily harm; proposals for reform.

16

Property offences Theft, Robbery and burglary.

A2 Unit G154: Criminal Law Special Study

This unit is based on pre-released materials: a special study booklet

sent out to centres at the beginning of the course, which provides a

starting point for study of the topics set. Each booklet contains

source material, such as extracts from judgments or Acts of

Parliament or academic articles on a specific area(s) of criminal

law. In this way the source material will indicate the area(s) of

substantive law that will be tested. Candidates are expected to

demonstrate understanding of the area(s) of law and the

development of law and to use legal methods and reasoning to

analyse legal material, to select appropriate legal rules and apply

these in order to draw conclusions.

Candidates will be expected to draw together knowledge of legal

processes and/or legal issues and make connections between these

and the substantive law.

This unit is concerned only with the law applicable in England and

Wales, which includes, as far as the chosen topics of study are

concerned, the impact of European Union law on domestic law and

legal institutions.

Candidates will be required to support their knowledge by citation

of relevant leading cases and the main provisions of relevant

statutes.