H134: OCR AS Law

Queensbury School

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Past Questions & Guide to Answering

This is in addition to the guidance in your AS Guide book (those of you who have

lost it, you can download a new one from the Blog

www.queensburylaw.wordpress.com).

Included in here is every past question that can be found for both:

G151 English Legal System 2 hours, four questions

G152 Sources of Law 1 hour, all parts of one question.

For Sources of Law, there are no statutory interpretation questions in here, instead they

are available on the Blog for you to download at will if you wish to (remember: they could

occur as part of a mixed source e.g. with legislation)

G151: English Legal System You must answer four questions in total from a choice of seven:

At least two from section A; and

At least one from section B.

Content (from the Syllabus): * those items which are crossed out, appeared on January‟s paper, and therefore may be more unlikely to turn

up on this paper.

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.

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

Criminal courts Pre-trial matters: bail, plea before venue, mode

of trial. Jurisdiction of Magistrates' Courts and

Crown Courts at first instance.

Appeals 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.

Powers of the courts An understanding of different types of

sentences, eg custodial, community, fines and

discharges; compensation and other powers for

adults and youth offenders

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 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.

AANNSSWWEERRIINNGG EELLSS QQUUEESSTTIIOONNSS

Section A Questions...

Part A: Questions should be clearly structured – use subheadings if you want! Include a lot of detail

e.g. cases, description etc.

“write as much as you can about the topic”

e.g.(a) Describe the powers of the police to arrest a person on the street. [18 marks]

Introduction Define the key term(s)

Main Point Means... Evidence (case, statute, example etc.)

Conclusion Critical comment

Part B: Evaluate the area of law.

To ensure that you get full marks, you only need to mention around 4 points, and develop them in

detail! Remember: read the question! e.g. (b) Discuss the extent to which the rights of the individual are adequately protected during arrest on the

street. [9 marks]

Introduction

Main Point Because And However/but/although

Conclusion

Section B Questions...

There will be a choice of two questions here!

Part A: Exactly the same as for section A questions! Detailed, logical and

clear. Make sure that you cover everything the questions asks you about!

e.g. Describe the rights during detention at a police station of an individual

suspected of a serious offence. [18]

Part B: These are application questions. You need to apply the law as you know it to the situation

described, and come to a logical conclusion.

You must link each point back to the person – use their name! Each legal point should link back to the

problem. Aim for around 4 well developed, applied points.

e.g. Hamish (aged 25) has been arrested and taken to the police station on suspicion of taking part in a bank robbery. He has

been given the usual rights during interviews and searches.

Discuss whether these rights are adequate to protect Hamish. [12]

Introduction Identify the issues raised in the problem

Main Point Explain Evidence Link to problem

Conclusion Answer the questions clearly!

Past Questions

June 2009

(a) Describe both the training of solicitors and how complaints about solicitors are made and dealt

with. [18]

(b) Discuss the extent to which recent developments have lessened the differences between

barristers and solicitors. [12]

(a) Describe the custodial, community and other sentences available for young offenders. [18]

(b) Discuss which sentences are most likely to prevent a young offender from further offending. [12]

(a) Describe the rights during detention at a police station of an individual suspected of a serious

offence. [18]

(b) Hamish (aged 25) has been arrested and taken to the police station on suspicion of taking part in

a bank robbery. He has been given the usual rights during interviews and searches. Discuss whether

these rights are adequate to protect Hamish. [12]

January 2009

(a) Describe both the training of barristers and how complaints about barristers are made and dealt

with. [18 marks]

(b) Discuss the advantages and disadvantages of the current system of training barristers. [12

marks]

(a) Describe the different methods of Alternative Dispute Resolution (ADR) available to deal with

civil cases. [18 marks]

(b) Discuss the advantages and disadvantages of using mediation and conciliation rather than using

the courts. [12 marks]

(a) Describe both the qualifications required for jurors and the procedures for selecting a jury. [18

marks]

(b) Discuss the arguments for retaining juries. [12 marks]

(a) Describe the powers of the police to arrest a person on the street. [18 marks]

(b) Discuss the extent to which the rights of the individual are adequately protected during arrest on

the street. [12 marks]

(a) Describe how it is decided whether or not to grant bail to a person awaiting trial. [18 marks]

(b) Damien is charged with the serious offence of robbery. He is alleged to have used a knife. He has

two previous convictions of theft. He has kept to previous bail conditions. He lives locally with his

wife and two children.

Explain which factors and conditions are likely to be considered when making a decision whether or not to grant bail to Damien. [9 marks]

(a) Describe both the aims of sentencing and the factors which are taken into account when

sentencing an individual. [18 marks]

(b) Bethan (aged 16) has been convicted of the serious offence of robbery. She has several

convictions for theft and has previously been goved a Supervision Order and an Attendance Centre

Order.

Explain which would be the main aims and factors likely to be used when deciding the appropriate sentence for Bethan. [9 marks]

June 2008

(a) Describe the different methods of Alternative Dispute Resolution available to deal with civil

cases. [18 marks]

(b) Discuss the advantages and disadvantages of using arbitration rather than using the courts. [9

marks]

(a) Describe the role of juries in both criminal and civil cases. [18 marks]

(b) Discuss the arguments for retaining juries. [9 marks]

(a) Describe the theory of the separation of powers using examples to illustrate your answer. [18

marks]

(b) Discuss why the theory of the separation of powers is important to judicial independence. [9

marks]

(a) Describe the ways in which a client can make a complaint about their solicitor or barrister or

otherwise claim compensation. [18 marks]

(b) Discuss whether the current system for clients to make such complaints is satisfactory. [9 marks]

(a) Describe the different appeal routes available to the defence from both the Magistrates' Court

and the Crown Court. [18 marks]

(b) Brian has been convicted in the Crown Court of the theft of a laptop computer worth £2000 and

sentenced to 2 years imprisonment. He wishes to appeal against the conviction because a new witness

has come forward. He also wishes to appeal against the sentence which he considers too harsh.

Advise Brian in this situation. [9 marks]

January 2008

(a) Describe the civil appeals system from both the County Court and the High Court. [18 marks]

(b) Discuss the problems of using the court system to solve civil disputes. [9 marks]

(a) Describe the selection and tenure of different types of judges. [18 marks]

(b) Discuss whether or not the changes to the selection of judges should lead to a wider cross

section of people becoming judges. [9 marks]

(a) Describe the training of both barristers and solicitors. [18 marks]

(b) Discuss the problems associated with training for both barristers and solicitors. [9 marks]

(a) Describe the rights during detenion at the police station, of a person suspected of a serious

offence. [18 marks]

(b) Jack is arrested on suspicion of robbery. He is taken to the police station and given an intimate

search by a police officer to search for stolen property. Fingerprints and samples of hair and blood

are taken from Jack by force.

Explain to Jack whether his treatment at the police station was lawful. [9 marks]

(a) Describe the custodial, community and other types of sentence available to young offenders. [18

marks]

(b) Hannah, aged 18, has pleaded guilty to a charge of burglary. She has two previous convicions, one

for theft and one for burglary, both when she was 15 years old. She had previously been given a

supervision order and an attendance centre order.

Discuss the likely sentences which would be considered for Hannah in light of the above factors. [9

marks]

June 2007

(a) Describe the different methods of Alternative Dispute Resolution available with civil cases. [18

marks]

(b) Discuss the advantages of usin Alternative Dispute Resolution rather than using the courts. [9

marks]

(a) Describe the roles of judges in civil cases both in trial courts and in appeal courts. [18 marks]

(b) Discuss the disadvantages of the present method of judicial selection. [9 marks]

(a) Describe the training of barristers and solicitors. [18 marks]

(b) Discuss the disadvantages of the current system of trianing barristers and solicitors. [9 marks]

(a) Describe the powers of the police to arrest a person on the street. [18 marks]

(b) Matthew is arrested on suspicion of a minor theft. He is taken to the police station and held for

40 hours without charge. He is refused access to a solicitor for advice while he is at the police

station.

Explain to Matthew whether his detention at the police station was lawful. [9 marks]

(a) Describe how matters relating to the granting of bail to a person awaiting trial are decided. [18

marks]

(b) Charlie is charged with criminal damage. He has three previous convictions for criminal damage,

one which was committed whilst on bail. He does not live locally and he has no contact with his family.

Explain which factors and conditions are likely to be considered when making a decision whether or not to grant bail to Charlie. [9 marks]

G152: Sources of Law

Using the sources, you answer all parts of one

question in one hour.

Remember: you should spend the first 6 minutes of the exam annotating the paper, identifying

relevant information for each question from the source

.

You must refer to the source. There are around 1/3 of the marks available in there, and without any

mention of the source in your answers, you have dropped at least one grade at AS.

Content (from syllabus)

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

Unlikely, but may come up as part of another questions!

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.

Law reform

Impetus for law reform The role of Parliament; the role of the judges;

effect of public opinion and pressure groups.

Law reform agencies The role of the Law Commission; Royal

Commissions and other

AANNSSWWEERRIINNGG SSOOLL QQUUEESSTTIIOONNSS

Key Point: You must use the source!

Section A Question

This will be a nice, straightforward question, and is assessed for AO1. Remember: use the source,

and clearly structure your answer.

Introduction

Main Point Explain (means... and...) Example (case, scenario, statute etc.) LTS?

Conclusion

Section B Question

These are application questions, marked for AO2 and are worth 5 marks each. You need to apply

the law as you understand it to each statement, and evaluate its truth. Remember to give reasons, or

say why the other types of law or rules are not appropriate. The basics of the law you need to apply

will be in the source!

If the question asks you to pick the most appropriate... only pick one.

If you list loads, you will receive no points

Point Why/Because Example/Evidence AORP

Your answers here can be short, and may only be a single paragraph... that‟s fine!

Ci Question

See the plan for A! This will be linked to question Cii (describe the topic here, then evaluate it in the next section), and there will

be some information in the source, so remember to use it.

Cii Question

This is the discriminator on the paper. It is this question which will have the most impact on your

grade. It is also the hardest! It is assessed for AO2, which means that you should assess and

criticise the area of law asked about.

A couple of pointers: 1. Try to develop a discussion rather than a series of stated points

2. Take care with the phrasing of the questions – is it really asking you to state the disadvantages, or does

it want you to evaluate the effectiveness of the area? Use the words of the question in your answer

3. Refer to the source.

4. You can use line numbers but do not just copy out the source!

Introduction

Main Point Because Illustration However... LTS

Conclusion

Past Questions:

June 2009

Judicial Precedent and Law Reform

Source A

Their Lordships ... recognise that too rigid adherence to precedent may lead to injustice in a particular case and

also unduly restrict the proper development of the law ... they propose, therefore, to modify their present

practice and, while treating former decisions of this House as normally binding, to depart from previous

decisions when it is right to do so.

In this connection they will bear in mind ... the especial need for certainty in the criminal law. This

announcement is not intended to affect the use of precedent elsewhere than in this House.

Extract adapted from:'The House of Lords Practice Statement 1966'

Source B

R v R and G (2003) UKHL 50

Two young boys set fire to some newspapers in a shop yard. After they left, the fire spread to the shop itself

and to other shops. They were charged with arson under the Criminal Damage Act 1971. The court had to

decide the meaning of the word 'reckless' in the Act. Prior to the passing of the Act there had been a report

by the Law Commission. However, in Metropolitan Police Commissioner v Caldwell (1981), the House of Lords had

refused to look at the report but instead gave an objective meaning of recklessness (i.e. that a defendant would

be guilty if an ordinary adult would have realised the risk). In R v R and G the court consulted the report and

using the Practice Statement overruled Caldwell.

Extract adapted from: Key Cases English Legal System, Martin & Turner, Hodder.

Examination Question - Answer all parts.

(a) Source B refers to the Law Commission.

Describe the role of the Law Commission. [15]

(b) Explain the power of the House of Lords in the following situations.

(i) A case similar to R v R and G comes before the House of Lords. [5]

(ii) The House of Lords is hearing an appeal from the Court of Appeal. The Court of Appeal

refused to follow the House of Lords precedent. [5]

(iii) A case comes before the House of Lords. There is a previous House of Lords decision but

it conflicts with a decision of the European Court of Justice. [5]

(c) Source A and Source B both refer to the Practice Statement.

(i) Describe the use of the Practice Statement using the Sources and other cases. [15]

(ii) Discuss the advantages and disadvantages of the Practice Statement being limited to the

House of Lords. [15]

[Total marks 60]

January 2009

Exercise on Delegated Legislation and Law Reform

Source A

The Legislative and Regulatory Reform Act (2006) sets out the procedure for the making of statutory

instruments which are aimed at repealing an existing law. Under section 13 of the Act, the Minister making the

statutory instrument must consult various people and organisations. These include:

organisations which are the representative of interests substantially affected by the proposals:

The Law Commission (a law reform body whose function is th keep the law under review).

Orders made under this power of this Act must be laid before Parliament. There are three possible

procedures:

negative resolution procedure:

affirmative resolution procedure:

super-affirmative resolution procedure.

Source B

Delegated legislation can be challenged through the courts. The questioning of the validity of delegated

legislation may be made through judicial review procedure, or it may arise in a civil claim between two parties,

or on appeal.

Adapted from: The English legal System. J Martin 5th Edition, Hodder.

Examination Question - Answer all parts.

(a) Source A refers to the Law Commission.

Describe the role of the Law Commission. [15 marks]

(b) Explain in the following situations if there would be a successful judicial review.

(i) A government minister wishes to repeal an old law. He has not cosulted relevant bodies,

which are affected by the proposals, before introducing new regulations. [5 marks]

(ii) A government minister is given power to make regulations concerning legal funding. He has

now introduced a regulation on immigration. [5 marks]

(iii) A government minister has made regulations which are argued to be unreasonable. [5

marks]

(c) (i) Source A refers to statutory instruments:

Describe statutory instruments and two other types of delegated legislation using the Source

and other examples. [15 marks]

Source A and Source B refer to a number of controls.

(ii) Discuss the effectiveness of Parliamentary and judicial controls over delegated legislation.

[15]

Total Marks [60]

June 2008

Exercise on Legislation and Delegated Legislation

Source A

Steve Thoburn, the market trader convicted in Sunderland Magistrates' Court this week for selling fruit in

pounds and ounces alone, rather than along with metric measures, was not prosecuted under the law as it is

usually understood - a statute passed after deliberation by MPs and Peers. He was prosecuted under 'delegated

legislation'. The case was brought under the Units of Measurement Regulations 1994 - which came into effect

in 2000.

Parliament passed 3,412 similar regulations last year. MPs have only been back at work a few days after the

Christmas break and already they have passed 60 of them. While Parliament gets to "see" them, few have even

the remotest chance of being debated, let alone defeated.

There is nothing new about government's use of statutory instruments or SIs - the annual average has been

rising in recent years. (Annual records began in 1895).

From Edward Page, Whitehall's bread and butter, 19 January 2001

(C) Guardian News & Media Ltd 2001

Source B

There are a variety of controls of delegated legislation. Judicial controls include procedural ultra vires (where

the correct procedures have not been followed) and substantive ultra vires (where the Minister has gone

beyond the powers given to him). The courts are also concerned with reasonableness and decisions that are not

considered valid where no reasonable person would have made them. Parliamentary controls include negative and

affirmative resolutions. It is argued that the controls on delegated legislation are not sufficient and need

improving.

Adapted from Terence Ingman, The English Legal Process.

Answer all parts

(a) Source A refers to statutory instruments.

Describe and illustrate statutory instruments and two other types of delegated legislation. [15]

(b) Discuss whether the delegated legislation could be successfully challenged in the courts, in the

following situations.

(i) A Local Authority creates a byelaw banning singing near houses. It is designed to stop

carol singers [5]

(ii) A Minister has been given power to make delegated legislation in legal funding. He

introduces regulations concerning health care. [5]

(iii) A minister brings in a statutory instrument into force without consulting all the parties

specified in the Enabling Act. [5]

(c) With reference to Source B:

(i) Describe the need for delegated legislation. [15]

ii) Discuss the disadvantages of delegated legislation. [15]

Total marks [60]

January 2008

Exercise on Judicial Precedent

Source

While there are complex rules regarding when courts can avoid their own past precedent, one aspect

of the doctrine of precedent is quite simple. A court in England or Wales is strictly bound to follow

the decisions of a court of equal to or higher than it in the hierarchy of the courts, subject to well

defined exceptions.

In the important case of R v Holley (2005), the Privy Council, hearing an appeal from the court of

appeal in Jersey, decided that the House of Lords was wrong in R V Smith ( Morgan James) (2000).

Smith has been unpopular with both judges and academics. However, as we know, Holley is at best

persuasive precedent. In fact, the Privy Council had already decided in previous cases, that where a

case before it was in effect bound be English law, then it should follow it. On this basis the result of

Holley should have been clear; the Privy Council should have followed Smith.

In a more recent case, R V James and Karimi (2006), the Court of Appeal (Criminal Division) had to

consider whether to apply Smith or whether it had, in fact, been overruled by the Privy Council in

Holley. The Court of Appeal chose the latter view and held that, in exceptional circumstances, a

decision of the Privy Council can take precedence over a decision of the House of Lords. What the

Court of Appeal did in James and Karimi was, in effect, to overrule the precedent of a higher court.

Adapted from, A Level Law Review Vol 2, No1 Chris Turner, Philip Allan updates.

Answer all parts.

(a) The Source (at line 8) refers to “persuasive precedent”.

Using the Source and other cases, describe how persuasive precedent works [12 marks]

(b) Consider each of the following situations and explain how the doctrine of precedent will apply.

(i) A case comes before the House of Lords in 2008. There is a previous precedent decided by

the House of Lords in 1951. [5 marks]

(ii) A case comes before the Court of Appeal (Civil Division) in 2008. There is a previous

decision by the House of Lords in 1980. [5 marks]

(iii) A case comes before the Court of Appeal (Civil Division). There are two past conflicting

precedents, one from the House of Lords in 1995 and the second from the Privy Council

decided in 1999. [5 marks]

(c) The Source (at lines 16 and 17) describes how lower courts can avoid past decisions of

higher courts in exceptional circumstances.

(i) Using the Source and other cases, explain how lower courts can avoid the doctrine of

precedent [15 marks]

(ii) Discuss the advantages and disadvantages of giving the lower courts more flexibility in

avoiding the doctrine of precedent. [12 marks]

[Total marks 60]

June 2007

Exercise on Legislation and Delegated Legislation

SOURCE A

Parliament consists of three distincts elements: the House of Commons, the House of Lords and the Queen.

Before any Bill can become an Act of Parliament, it must proceed through and be approved by both Houses of

Parliament and must receive Royal Assent.

SOURCE B

In order to reduce pressure on parliamentary time, some Acts of Parliament often known as enabling (parent)

Acts, give government ministers or other authorities the power to regulate administrative details by means of

'delegated' or secondary legislation.

Delegated legislation mostly takes the form of Orders in Council, Statutory Instruments (SIs) and also Bylaws

made by local authorities for local issues.

These are as much the law of the land as are Acts of Parliament. SIs are normally drafted by the legal

department of the ministry concerned and may be subject, when in draft, to consultations with interested

parties. About 3,000 SIs are issued each year.

To minimise any risk that delegating powers to Government bodies (e.g. Ministers and local authorities) might

undermine the authority of Parliament, such powers are normally only delegated to authorities directly

accountable to Parliament.

The enabling Acts concerned, sometimes provide for some measure of direct parliamentary control over

proposed delegated legislation, by giving Parliament the opportunity to affirm or annul it.

Parliament always has the right to consider whether the SI is made in accordance with the powers that it

delegated.

The courts can also control delegated legislation through the process of judicial review. Adapted from www.news.bbc.co.uk

Answer all parts

(a) Source A at lines 2-3 refers to making an Act of Parliament.

Describe how an Act of Parliament is created. [12 marks]

(b) Identify and explain the most suitable type of delegated legislation to implement law in the

following situations.

(i) A national emergency such as an outbreak of war involving the UK. [5 marks]

(ii) Where an enabling Act authorizes the issuing of regulations concerning police powers. [5]

(iii) The local imposition of penalties for dogs fouling footpaths. [5 marks]

(c) With reference to Source B:

(i) describe the controls on delegated legislation; [15 marks]

(ii) discuss the effectiveness of the controls of delegated legislation. [12 marks]

Total marks [60]

Exercise on Judicial Precedent

Source

Lord Denning carried on a one-man campaign to secure a change of practice in the Court of Appeal.

The attack was on two fronts. First, he asserted that the Court of Appeal was no longer bound by the

decisions of the House of Lords. Second, he claimed that the Court of Appeal was no longer bound to

follow its own decisions as a general rule, and not just in the exceptional circumstances laid down in

Young v Bristol Aeroplane [1944]. These exceptions are:

1) Where its own previous decisions conflict, the Court of Appeal must decide which to

follow and which to reject.

2) The Court of Appeal must follow a later decision of the House of Lords if its own

previous decisions conflicts with it.

3) The Court of Appeal need not follow its own previous decisions if it were made per incuriam (in error).

Lord Denning's views were based on the Practice Statement itself, which, he alleged, had

transformed the stare decisis (doctrine of precedent) principle in the Court of Appeal as well as the

House of Lords. But this approach ignored the closing words of the Practice Statement that it was

not intended to affect the use of precedent anywhere other than in the House of Lords.

Adapted from The English Legal Process, Terence Ingham

Examination Question - Answer all parts.

(a) Using the Source and other cases, describe the powers of the Court of Appeal. [12 marks]

(b) Consider each of the following situations and explain whether or not the Court of Appeal can

depart from the previous decision.

(i) A case concerning a death resulting from medical negligence was heard by the Court of

Appeal (Civil Division). A year later, a similar issue is being heard by the Court of Appeal

(Criminal Division).[5]

(ii) A case concerning breach of contract was decided by the Court of Appeal (Civil Division).

Days later a similar issue is heard by the same court but the judges now feel that the decision

should be different. [5 marks]

(iii) A case concerning murder was decided by the House of Lords. The Court of Appeal

(Criminal Division) believes the decision of the House of Lords is out of date. [5 marks]

(c) (i) The Source at line 13 refers to stare decisis.

Describe the concept of stare decisis using the source and cases to illustrate your answer.[15]

(ii) Discuss whether or not the powers of the Court of Appeal within the doctrine of

precedent, should be extended. [12 marks]

Total mark [60]

Older Questions

Exercise on Delegated Legislation

Source A

Police and Criminal Evidence Act 1984, Section 60: Tape recording of interviews

(1) It shall be the duty of the Secretary of State –

…

(b) to make an order requiring the tape recording of interviews of persons suspected of the

commission of criminal offences, or of such descriptions of criminal offences as may be specified in the order…

(2) An order under subsection (1) above shall be made by statutory instrument and shall be subject to annulment in

pursuance of a resolution of either House of Parliament.

Source B

Statutory Instrument 1991 No.2687

The Police and Criminal Evidence Act 1984

(Tape-recording of Interview) (No 1) Order 1991

Made 29th November 1991

Laid before Parliament 6th December 1991

Coming into force 1st January 1992

Now, therefore, in pursuance of the said section 60(1)(b), the Secretary of State hereby orders as follows:

…

2. This Order shall apply to interviews of persons suspected of the commission of indictable offences which are held by

police officers at police stations in the police areas specified in the schedule to this Order and which commence after

midnight on 31st December 1991

3(1). Subject to paragraph (2) below, interviews to which this Order applies shall be tape-recorded in accordance with the

requirements of the code of practice on tape-recording which came into operation on the 29th July 1988…

3(2). The duty to tape-record interviews under paragraph (1) above shall not apply to interviews –

(a) where the offence of which a person is suspected is one in respect of which he has been arrested or detained

under s.14(1)(a) of the Prevention of Terrorrism (Temporary Provisions) Act 1989:…

Answer all parts (a) Using both sources, describe the legislative process in relation to an Act of Parliament and delegated

legislation [15]

(b) Each of the following interviews was conducted by police officers and took place at a police station covered

by SI 1991/2687, but none of the interviews was tape-recorded. Discuss whether the following interviews are

covered by the regulations, with reference to source B:

i. On 30th November 1991, Alice was charged with an indictable offence and interviewed;

ii. Bertie, who was suspected of an indictable offence, was interviewed on 1st April 1998;

iii. Cedric, detained under s.14(1)(a) of the Prevention of Terrorism (Temporary Provisions) Act 1989

and was interviewed in April 1998

(c) (i) Explain the reasons for having delegated legislation (15)

(ii) Discuss the advantages and the disadvantages of delegated legislation (15)

Total 60

Exercise on Judicial Precedent

Source A

Since 1966 the Practice Statement has allowed the House of Lords to change the law if they believe that an

earlier case was wrongly decided. They have the flexibility to refuse to follow an earlier case when „it appears

right to do so.‟ In fact the House of Lords has been reluctant to use this power in the first few years after

1966. From the 1970‟s onwards there was a little more willingness to apply it in civil cases. Lord Reid stated

very clearly in a 1973 case that the simple fact that a precedent is wrong would not necessarily mean that the

precedent would be overruled:

„…..in the general interest of certainty in the law we must be sure that there is some good reason before we

act.‟

The Practice Statement stressed that the criminal law needs to be certain, so it was not surprising that the

House of Lords did not rush to overrule any judgments in criminal cases. The first use in a criminal case was in

R V Shivpuri (1986) which overruled the decision in Anderton V Ryan (1985) on attempts to do the impossible.

The interesting point was that the decision in Anderton had been made less than a year before, but it had been

severely criticised by academic lawyers.

Adapted from, „English Legal System‟, J Martin,

Source B

Extract from the judgment in R v Shivpuri (1986) by Lord Bridge

I am … led to the conclusion that there is no valid ground on which Anderton v Ryan can be distinguished from R

v Shivpuri. What then is to be done? Is it permissible to depart from precedent under the 1966 Practice

Statement? I am undeterred (not put off) by the consideration that the decision in Anderton was so recent.

The Practice Statement is an effective abandonment of our pretention to infallibility. (i.e. it allows us to accept

that we can be wrong. If a serious error has been made in a decision of this House, and it has distorted the law,

the sooner it is corrected the better.‟

Adapted from the Judgment in R V Shivpuri (1986)

Answer all parts of one question (a) The source refers to the process of distinguishing. Using the source and other cases describe this

process [15]

(b) Using the information in the source, consider whether the earlier cases could be overruled in each of

the following situations:

(i) The House of Lords in a 1961 case, wishes to overrule a House of Lords case from 1950 which it

believes will cause injustice if applied in the 1961 case.

(ii) The House of Lords in a 1987 case wishes to overrule a House of Lords case from 1921 which

Sir believes is now outdated

(iii) The Court of Appeal in a 2004 case wishes to overrule a Court of Appeal case from 1967 which

it believes will cause injustice in the 2004 case if applied.

(c) The source refers to the use of the Practice Statement

(i) Using the source and other cases, explain how the Practice Statement works

(ii) Discuss the extent to which the House of Lords has been reluctant to use its powers under the

Practice Statement

Exercise on Judicial Precedent

SOURCE The House of Lords has had the power to depart from its own previous decision since 1966 when the Practice

Statement was introduced. The House of Lords has the flexibility to refuse to follow an earlier decision when

“it appears right to do so”. The problem with this phrase is that it offers very little clear guidance to judges as

to when it would be appropriate to overrule a previous decision. The first major use of the Practice Statement

did not occur until 1 972 in H errington v British Railways Board which involved the law on the duty of care to a

child trespasser. The 1 929 case of Addie v Dumbreck had taken the rather narrow view that an occupier of

land would only owe a duty of care for injuries to a child trespasser if, those injuries had been caused

deliberately or recklessly. In the later case of Herrington the Lords decided that social and physical conditions

had changed since 1929 and that it was time to reflect those changes in the l aw.

The case of Jones v Secretary of State for Social Services (1972) concerned the interpretation of injury

benefit legislation and whether the House of Lords should depart from its own previous decision in Re Dowling

(1 967) under the 1966 Practice Statement.

The case was heard by seven judges; four felt that Dowling was wrong, but only three of these were prepared

to use the Practice Statement. In refusing to overrule the earlier case the judges were stressing the need for

certainty in the law. The same view was expressed in Knuller v DPP ( 1973) b y Lord R eid:

'Our change of practice no longer regarding previous decisions of this house as absolutely binding

doesn‟t mean that whenever we think a previous precedent was wrong we should reverse it . In the general

interest of certainty in the law we must be sure that there is some very good reason before we act.'

It could be argued that many judges would prefer to find alternative ways of avoiding previous decisions. One

well used method is to find that the material facts of the case under consideration are sufficiently different

from the previous precedent. This method is known as distinguishing.

Answer all parts of one question

a) With reference to the Source, at lines 23-26, and other cases, describe how the method of distinguishing

can be used to avoid having to apply a previous decision. [15]

b) In the case of Herrington v British Railways Board (1972) the House of Lords decided to

overrule the decision that they had made years earlier in the case of Addie v Dumbreck

(1929).

Consider how the doctrine of precedent would apply had the cases of Herrington v British Railways Board and Addie v Dumbreck been heard in the following situations and on the following dates instead of when

they were actually heard:

(i) Addie v Dumbreck was decided by the House of Lords in 1950.

Herrington v British Railways Board comes before the House of Lords in 1951;

(ii) Addie v Dumbreck was decided by the House of Lords in 1950.

Herrington v British Railways Board comes before the House of Lords in 1967;

(iii) Addie v Dumbreck was decided by the Court of Appeal (Civil Division) in 1950.

Herrington v British Railways Board comes before the Court of Appeal (Civil Division) in 2006. [15]

(c) The Source refers to the need for certainty in the law at lines 17 and 19-22.

(i) Using the Source and your knowledge of cases, explain how the House of Lords have used the

Practice statement

(ii) Discuss the advantages and disadvantages of using the Practice Statement to change the law

Exercise on Statutory Interpretation

Source: R v Deegan [1998]

Section 139 Criminal Justice Act 1988 states that it is an offence to have a 'bladed article in a public place'

but that this does not include a 'folding pocket knife'.

The defendant had a folding pocket knife. However, when it was opened, it could be locked into the open

position and could not be folded again until a button had been pressed: it was not foldable at all times. He was

charged with the offence of having 'a bladed article in a public place' contrary to section 139 Criminal Justice

Act 1988.

The court had to decide whether or not this sort of knife came within tthe definition of a 'folding pocket

knife'. If it did the defendant would be found not guilty.

The court looked at Hansard to try to discover the intention of Parliament (commonly used with the purposive

approach). Having read the debates, Lord Justice Waller held that the statements of the Ministers were not

clear in the sense that Pepper v Hart required, because the phrase 'locking pocket knives' was an ambigous

phrase. If the court attempted to define the phrase it would go beyond its proper function. It would no longer

be interpreting the intention of Parliament; it would be writing the legislation it thought was reasonable. In

these circumstances the court did not think that the conditions in Pepper v Hart were fulfilled and that it was

legitimate to take into account the statements reported in Hansard.

The knife was held not to be a 'folding pocket knife' and the defendant's appeal against conviction was

dismissed.

Examination Question - Answer all parts.

(a) The Source refers to Hansard.

Describe the court's use of Hansard, using the Source and other cases to illustrate your

answer. [15]

(b) Explain whether or not the following defendants would be guilty of an offence under section

139 Criminal Justice Act 1988 of having a 'bladed article in a public place'. using the Source

and your knowledge of statutory interpretation.

i. Mark, a trainee chef, is carrying kitchen knives on his way to work. [5]

ii. Shadap is going on a camping trip and has a folding pocket knife which could be locked

in the open position. [5]

iii. Marcus is taking a box to a charity shop. He is not aware that the box contains a

number of bladed articles. [5]

(c) The Source refers to the courts trying to the purposive approach:

i. Describe the purposive approach using the Source and decided cases to illustrate your

answer. [15]

ii. The Source refers to the courts trying to find the intention of Parliament:

Discuss, with reference to the Source, the difficulties associated with finding

Parliament's intention when interpreting an Act. [15]

[Total marks 60]