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Answering questions on the G141 – English Legal System Paper
Strategies for success and getting the best possible marks
The structure of the paper 1
2 hour paper = 120 minutes Must answer 4 x 30 mark questions Effectively a mark for a minute of writing – so
must make sure all your minutes get credit
The structure of the paper 2
Each question is in 2 parts: Part a) = AO1 worth 18 marks Part b) = AO2 worth 9 marks Plus AO3 worth 3 marks
So should aim at 20 minutes on part a) and 10 minutes on part b)
The demand of the question will reflect this
The structure of the paper 3
The paper is in two sections (5 in A and 2 in B): The sections differ in the part (b) questions Section A part (b) questions require critical
comment (discussion) Section B part (b) questions provide a small
scenario based on the part a) topic and require application
You must answer at least 1 from each Section – so could do 3 and 1 or 2 and 2
The topics
8 basic broad categories of topic: Civil courts and process (including ADR) Criminal Courts and process (including e.g. mode of
trial and bail) Sentencing (aims, objectives and types) Police powers (in the street and at the police station) The judiciary (including separation of powers) Legal personnel Lay people (juries and magistrates) Advice and funding
7 of these in each paper
Part (a) questions – Section A and B
AO1 only – so note the command word is usually Describe
No marks for AO2 so don’t waste time on comment
Be selective Try to be comprehensive Good marks available without excess
citation/detail but top marks can be had with appropriate citation/detail
Example – part (a) question
1(a) – [June2008] Describe the powers of the police to stop
and search a person in the street Limited to stop and search – so don’t cover
arrest or search rules in the police station Should cover all the rules in statute and Code
of Practice For high marks refer also to PACE 1984, CJA
2003 other statutes and Code of Practice – where the rules come from.
For very high marks refer also to specific statutes e.g., Misuse of Drugs Act 1971, Terrorism Act 2000 – the more specific additions to the basic rules you can think of the more impressive your answer
Basic right = s1 PACE – can stop and search where reasonable suspicion that suspect is in possession of prohibited articles, stolen goods, goods made or adapted for burglary/criminal damage
Basic rules governing stop and search: - police officer must give name, station and reason for the search - can only request removal of outer clothes e.g. hat, coat, jacket, gloves - each stop and search must be logged in a written report Explanation of reasonable suspicion Special rules under S60 of the CJPOA 1994
Example – part (a) question
2(a) – [January 2007] Describe the qualifications and selection
procedure for jurors This is the most obvious area for a question
on juries, other possibilities include role and alternatives to the jury system
Breaks down into 3 main partsThe selection procedure randomly chosen from electoral register must be on register,
between 18 and 70 and UK resident for 5 years continuously
since aged 13 not disqualified or excused
Eligibility disqualified = those with convictions of
serious offences for life, or 5 to 10 years for other offences, or on bail;
those with a mental disorder are ineligible;
Excused serving armed forces personnel can be
excused, or can be excused or service deferred for
good reasonSelection procedure in court 15 chosen at random from jury pool 12 chosen at random by clerk; possibility of challenges (to the array, for
cause, or stand by) or vetting
Example – part (a) question
3(a) – [January 2007] Describe the qualifications, selection and
training of judges. A common question on judges Other areas might include independence – or
even a question on the separation of powers So 2 areas to answer – qualification and
selection, and training About 2:1 in terms of content – so should give
2/3 over to qualification and selection
Qualification and selection Rules are in Courts and Legal Services Act Lords of Appeal in Ordinary (Law Lords) = 2
years high judicial office/ 15 years supreme court qualification
Lord Justices of Appeal and Recorders = 10 year qualification
High Court Judges = 2 years as Circuit Judge Circuit Judge = 3 years as Circuit Judge District Judge = 7 year qualification
Selection of Law Lords and Lord Justices of Appeal by PM and appointed by Queen
Selection of Heads of Divisions by LC and appointed by Queen
All other through Judicial Appointments Committee
Training Controlled by Judicial Studies Board Voluntary for superior judges
Compulsory for inferior judges Usually = 1 week course – on sentencing,
presiding over a criminal court, human rights awareness etc.
Inferior judges also shadow experienced judges before sitting
Updates are also possible on changes to the law etc.
Example – part (a) question: Section B
7(a) – [January 2007]
Describe the process used to decide in which court a person should be tried.
A fairly common question on Criminal courts Other possibilities are – bail, jurisdiction of
trial courts, and appeals 2 key aspects here – the categories of
offence, and the procedures appropriate to these
The categories of offence Summary – less serious e.g. motoring,
always tried in Magistrates’ Court Triable either way – can range in seriousness
e.g. theft, can be tried in either court depending on seriousness of offence
Indictable – serious crimes e.g. murder, manslaughter, triable only in Crown Court
For triable either way Plea before venue – guilty plea magistrates
hear case but can refer to Crown Court if greater sentence required
If not guilty plea – mode of trial hearing – magistrates transfer to Crown Court if not suitable for Magistrates’ Court
If magistrates accept jurisdiction then offer choice of court to defendant
Section A – part (b) questions
AO2 only – so note the command word is usually Discuss
No marks for AO1 so try to avoid narrative and get straight into analysis and evaluation
The best answers are a discussion e.g. identifying the point of the question, producing an argument, reaching conclusions
At least 3 well developed points needed for full marks Only 10 minutes – so question will reflect that e.g.
may only ask for disadvantages
Example – Section A part (b) question
1(b) [January 2007] – Discuss whether or not the rights of the
individual are adequately protected during a stop and search
This part (b) naturally flows out of the part (a) content – which is not always absolutely the case – so it is important to answer selectively
Here a balanced discussion is required – so the 2 key aspects are the safeguards and problems with stop and search
A conclusion is also therefore required
Safeguards Police officer must identify himself and give
reason for the search Definition of reasonable suspicion should
protect citizens from harassment Requirement for written reports Abolition of voluntary searches
Problems Massive increase in use of stop and search (x
10 since 1986) Low numbers of arrests following stop and
search (around 10%) Reasonable suspicion too easy to justify Lack of awareness of rights
Reach any reasonable conclusion
Example – Section A part (b) question
2(b) [January 2007] – Discuss the arguments for abolishing juries Part (a) was on selection process – so only
relevant in part to (b) Point of question really is whether jury trial is
best method to achieve justice – so argument must consider the strengths and weaknesses of jury trial
There are many weaknesses: - make up of jury e.g. education, background
- ability to understand complex evidence
- inconvenience to jurors
- dominance of certain jurors e.g. lawyers
- media influence
- bias and prejudice
- not really random and not really trial by
one’s peers
- lack of reasoned decision so makes appeals difficult
- possibility of ignoring evidence
- possibility of perverse verdicts but this gives the public a say if the law is unpopular
- high acquittal rates - time consuming - costly - miscarriages of justice Most strengths are based on the idea of jury
trial being a constitutional right Must reach a conclusion based on the
argument
Example – Section A part (b) question
3(b) [January 2007] – Discuss the ways in which judicial
independence is maintained. This is a common part (b) question on judges Other possibilities include – the social
background of judges in relation to justice; or questions on the separation of powers
There are many aspects to judicial independence so the key is to produce a discussion with a conclusion
These include The fact that judges cannot be sued for what
they say or do in court The fact that judges are relatively free from
political interference And that they are capable of producing
judgments which are critical of government e.g. in judicial review
The fact of their security of tenure (give detail)
The method of payment – although salaries could be compared with those of successful barristers
The fact that they cannot have a personal interest in a case they are hearing
The method of appointment – although this can be debatable
The creation of the Judicial Appointments Commission – contrast with the prior system
Reach a logical conclusion
Section B – part (b) questions AO2 only – so note the command word is
usually Explain No marks for AO1 so try to avoid narrative
and get straight into application The best answers apply the appropriate rules
to the facts in the scenarios and reach conclusions
Only 10 minutes – so will not need all the material in the answer to part (a) – so again must be selective
Example – Section B part (b) question
6(b) [January 2007] – Jade (aged 25) is convicted in the Crown
Court of the serious offence of robbery. She has several convictions for theft. Explain which would be the main aims and factors likely to be used when deciding the sentence for Jade.
The key facts are that Jade is an adult, has committed a serious offence, and has several previous convictions
So Jade is more likely to receive a sentence aimed at retribution than one aimed at rehabilitation – and a harsh sentence rather than a light sentence
The need to punish is linked to the seriousness of the offence as well as her past record – prison is clearly an option
Since robbery is a violent crime the court may feel also that the public need to be protected
Rehabilitation is unlikely to work if she has not responded in the past
Individual deterrence is also unlikely for the same reason – however, general deterrence may be an issue
Reparation may also be considered Her past sentences need to be looked at as
her latest offence is more serious Her background also needs to be looked at
Example – Section B part (b) question
7(b) [January 2007] – Scott has been charged with the theft of a
laptop computer worth £800 and has decided to plead not guilty to the charge.
Explain the factors which may determine the court in which Scott would be tried.
The answer depends on information supplied for part (a) answer i.e. identifying category of offence from facts, and applying mode of trial procedure
Theft = triable either way offence – so could be heard in Magistrates’ Court or Crown Court
Scott has pleaded not guilty so which court depends on:
- value of goods - circumstances of theft Conclude that Magistrates will probably have
jurisdiction – so will leave choice of court to Scott
Scott will have to consider advantages/disadvantages of each court:
Magistrates’ Court:
- quicker to trial
- lower sentences
- less publicity
- less formal and intimidating
- BUT greater chance of being convicted
Crown Court:
- Jury trial
- Better quality advocacy
- Better chance of public funding
- Greater chance of acquittal
- BUT much slower process and greater
sentencing powers No need to reach conclusion
AO3 – including Quality of Written Communication 3 levels – 1 mark for each level Remember the quality of your communication is
directly linked to your ability to score marks for AO2 with the new G151 paper ( was linked to both AO1 and AO2 in G141) – if you are getting high marks then you must be communicating well
So not just a SPAG mark But important to remember the structure of your
answer and to use appropriate legal terminology and to engage in the task set