Learner name Shellene Blackman
Date of first submission
Assessor/ Date assessed
Grade (Pass/Refer) Mark (max /40)
Internal Verifier if Sampled/ Date of IQA
Learning Outcome covered: 3 — Parts 1 and 2
Evidence for Learning Outcome 3 is generated from Part 1 and 2. This is worth a total of 40 marks.
Part 1 (30 marks) — three mini scenarios worth 10 marks each. Learners should attempt all three scenarios.
Scenario 1 — Criminal based dispute
Mike gets into an argument with his friend, Jim at the local Pub. Mike believed that Jim has been having a relationship with Mike's girlfriend, Jacqui. After a few drinks, the argument ends with Mike hitting Jim in the face with his beer glass. Jim was in hospital for several weeks, and now has frequent headaches as a result of his injury. Mike was arrested on suspicion of a serious offence against the person.
(a) With what offence is Mike most likely to be charged? (1 mark)
Mike is likely to charged with either Grievous Bodily Harm known as GBH or Actual Bodily Harm known as ABH.
(b) Now assume that Mike is charged and appears at the local Magistrates Court mode of trial hearing. What options are available to the Magistrates in terms of dealing with the case? (2 marks)
The Magistrates can decide to except jurisdiction and deal with the case themselves, this will only occur if the Magistrates Court think that the punishment for the offence falls within their powers. If the Magistrates Court feel that the punishment for the office is greater than what then can impose, they will commit the case to Crown Court for trial.
(c) Now assume that the Magistrates decide to send the case to the Crown Court on the basis that it is too serious for them to deal with. Mike is intending to go abroad on a Cross-European camping and cycling holiday for the next four weeks. Mike had told Jacki that he is ‘going to sort Jim out' for getting him ‘in this mess'. Jim has told Jackie that he ‘and his mates' are going to ‘teach Mike a lesson he'll never forget'.
Given that there is a general presumption for bail to be granted, list four factors which the Magistrates may take into account in deciding whether to refuse bail to Mike. (4 marks)
The Magistrate have several factors to consider when deciding whether to grant or refuse bail. If the Magistrates believe that there are substantial grounds to believe that the defendant could: -
• Fail to appear in Court
• Interfere with witnesses or tamper with evidence
• Commit further offences whilst on bail
• Cause harm to other, or even be in harm's way of others
As well as the above, the Magistrates will also consider the defendants previous criminal records, any community ties, including if he has a family to return to, does he have a job to hold down. In any event, bail should be granted unless there are substantial grounds to prove otherwise.
(d) Susan, who was born and lives and works locally, has received a jury summons to attend the jury for Jim's case when it comes to trial. She is aged 21. When she was 15 years old she was convicted of three offences of theft of magazines from the local newsagent shop for which she received youth custody orders. Of the criteria that determine whether Susan will be eligible to be called for jury service, which three will be most relevant to her circumstances? (3 marks)
The main criteria for jury service is you must be aged between 18-70 years old, registered to vote and a registered citizen in the UK, the Channel Islands or the Isle of Man for a least 5 years since their 13th Birthday.
Considering Susan was born and lives locally, therefore she has lived in the UK for more than 5 years since her 13th Birthday, she is aged 21 so is within the age specification and she has been summoned therefore she must be on the electoral register, she is eligible to be called for jury service.
As Susan received youth custody orders when she was 15, she would be exempt, as any person who has, in the last 10 years, received any criminal convictions served any sentences or received a community punishment are not eligible. A youth custody order is a community punishment for youths that offend, Susan is therefore exempt.
Scenario 2 — A contract and tort-based dispute
(a) Ken recently purchased Kavanagh Court, a detached house in the centre of a large industrial town. He plans to make considerable improvements to this property, creating a new kitchen, bathroom and office extension.
Ken has encountered serious problems and is very unhappy with the quality of the building work undertaken so far. He intends to take action over this matter, claiming back half of the £70,000 bill already paid to Brenda, the builder.
List the four principal options available to Ken to seek redress. (4 marks)
Ken should firstly be encouraged to approach the builder to see if they can come to an agreement so that the building works can be rectified to Kens satisfactory. If this can not be agreed between them, then the Civil Procedure Rules encourage parties to Alternative Dispute Resolution (ADR) . There are four principal options available to Ken being:-
Negotiation – This is the starting point by parties, an informal attempt for the parties to sort the dispute between themselves or their lawyers, it is also the quickest and cheapest way to try and resolve the dispute in question.
Mediation – Should negotiation fail, mediation is the next stage, this is where a neutral third party known as a mediator, who will be a trained professional, will speak to each induvial and pass on their views regarding the dispute. The mediator will try to get the parties to agree on a solution to the dispute in question.
Conciliation – This is where a mediator is appointed, a meeting will take place between the parties and the mediator will suggest a way forward which suits all parties, the will put a plan for settlement in place.
Arbitration – The arbitrator takes statements from the parties where he/she will then consider the statements and make a decision. Once a decision is made by the arbitrator, this is usually legally binding and enforceable by the Court.
(b) Assume none of the options you have discussed above are suitable or available here, and that Ken decides to issue County Court proceedings. Under what track will the claim be? (1 mark)
Ken's claim will fall under the Multi track as he is intending on claiming over half of the £70,000.00 already paid to the builder. Multi track is for claims that surpass the value of £25,00.00.
(c) Colin is Ken's next door neighbour. Colin and Eric, his young son, frequently play football in their garden. Eric's ball often goes into Ken's garden, although no damage has been caused. Ken is annoyed that Eric is entering her garden to fetch his ball and that Colin knows about it and isn't stopping him.
What action and remedy might Ken take? (2 marks)
Ken should firstly approach Colin and ask if Eric could ask before retrieving his ball as Eric is trespassing on his land. If this fails, Ken could make his request in writing and keep a copy as evidence should Ken need to take any further action. Should Eric keep entering on Ken's property, Ken could apply to the Court for an injunction should the situation continue.
(d) Faisal owns a chemical factory. The noise from the factory, especially at night, is making it difficult for Ken and other local residents to sleep. Ken, who lives closest to the factory, has noticed that fumes from the factory have discoloured the frames of his new double-glazed windows.
List three ways in which Ken may seek redress. (3 marks)
Ken and the local residents can make a request in writing to the owner of the factory and request that the noise be controlled at night time, if the request is not taken seriously, the residents could apply to the Court for an injunction as this could be seen as a public nuisance, It would also be beneficial if the local residents made contact with Environmental Health to see if they could assist. In respect of the damage to Ken's new double glazing, he should make a claim for damages.
Scenario 3 — An administrative-based dispute
Giles owns and operates a railway company and has had the following problems with his employees:
(a) Hans, a train driver, started working for the company just over 24 months ago. In recent weeks he has turned up for work on a number of occasions after drinking alcohol. Today Giles summarily dismissed him.
What two possible claims might Hans make? (2 marks)
Hans has been employed for over 2 years, as such, he can bring a clam for unfair dismissal. He could also brig a claim for wrongful dismissal and seek damages for the pay he would have received should he have been allowed to work his notice.
(b) Ivy has been a ticket inspector on the trains for 20 years. A new computerised ticket system means that she is no longer needed. She was offered an administrative job but refused it.
What three principal claims might Ivy make and where would she make such a claim? (3 marks)
Ivy could make a clam for unfair dismissal due to the length of her employment, over 20 years, this could also lead to a claim for Redundancy as her job is no longer needed due to a new computerised system, this has forced Ivy to hand in her notice and she could also potentially make a claim for constructive dismissal. Ivy was offered an alternative role but she refused this, Ivy cannot refuse a reasonable alternative. The Claim would initially be logged with ACAS Early Conciliation, if not settled then the claim would be dealt with by The Employment Tribunal.
(c) Jane works in the marketing department and deals with confidential information. Giles has found out that she has started working for a rival train company on Saturdays.
Advise Giles what redress he may have against Jane and what type of claim he might pursue. (2 marks)
Giles could claim breach of contract, if there is a none compete clause in her contract. He may be able to claim damages if a breach is established, he would need to show evidence that Jane could have or has potentially harmed his business.
(d) Zulekha is employed at the local station ticket office. She heard Giles making comments about her to Susan, one of the other members of staff, when he thought she could not hear. He said she was ‘putting customers off' with the way she looked and he thought she should be wearing more make-up and deodorant to stop her very different smell. Zulekha returned home in a very upset state. Her husband told her that no-one should be treating her that way especially in her condition (she is three months pregnant).
What three claims might Zulekha be able to make and to whom? (3 marks)
Zulekha needs to make an initial grievance to her employers but if she is not satisfied, she has the possibility to make a claim for harassment, constructive dismissal and potentially discrimination. She can make the claim through ACAS Early Conciliation and if that is not successful she can bring a claim with the Employment Tribunal
Part 2 (10 marks)
Answer all short answer questions on the following two topics:
Topic 1 — (6 marks)
The roles, function, jurisdiction and personnel of the Magistrates Court, the Crown
Court, the Court of Appeal and the United Kingdom Supreme Court; explaining, with
examples, summary offences, offences triable either way and offences triable only on
indictment; the main objectives of Criminal Procedure Rules 2010 including the
purpose of the overriding objective.
Q1 On what grounds might an appeal be made to the Court of Appeal by:
• The defendant?
• The prosecution?
• The Criminal Cases Review Commission?
• The Defendant can appeal against the conviction, sentence or both. The Defendant must leave to appeal to the Court of Appeal or the trial judge needs to issue a certificate of fitness to confirm that the case is fit for appeal. This must be done within 28 days of the original conviction/sentence.
• The Prosecution – The Criminal Justice Act 2003, section 9, allows for the prosecution to appeal on the grounds of evidentiary ruling.
• The Criminal Cases Review Commission – This is an independent public body that was set up in 1997, to review potential miscarriages of justice in the criminal courts and refer the appropriate cases back to the appeal courts. The CCRC has the power to send or refer, a case back to an appeal court if it considers that there is a possibility the court will quash the conviction or reduce the sentence in that case.
Q2 Name three different types of case dealt with by Queen's Bench Division.
Queens Bench Division (QBD) can confirm, reverse or vary decisions of Magistrates. They can also remit cases back to Magistrates with their decisions. Queens Bench Division (QBD) also deals with various cases including enforcement orders, personal injury and breach of contract.
Topic 2 — (4 marks)
The constitution and role of the main EU legal institutions:
Q1 List and summarise four of the Articles of the European Convention on Human
Rights. (4 marks)
The European Convention on Human Rights is a treaty that was drafted in 1950. Each one of the articles protects a basic human right. Here are four examples:-
(Article 2) The Right to Life, everyone has the right to life, Everyone's right to life shall be protected by law. No one shall be deprived of his life intentionally, unless execution is the sentence passed to the defendant following his conviction of a crime for which this penalty is provided by law.
(Article 10) Freedom of expression Everyone has the right to freedom of expression. This right includes freedom to hold and receive opinions and impart information and ideas without interference by public authority and regardless of frontiers.
(Article 12) Right to marry, Men and women of a marriageable age have the right to marry and to find a family.
(Article 14) Prohibition of discrimination enjoyment of the rights and freedoms set out in the convention shall be enjoyed and no individual shall be discriminated against on any grounds such as race, colour, sex, religion, language, political or other.
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