OCR Nationals€¦ · Web viewSample Lesson Plan: OCR GCSE Law J485: B141 The nature of law. Criminal courts and criminal processes. 26 Introduction. Background. Following a review

© OCR 2008GCSE Law (Linear 2012)

Contents

Contents 2

Introduction 3

Sample Scheme of Work: OCR GCSE Law J485: Unit B141 The nature of law. Criminal courts and criminal processes 5

Sample Lesson Plan: OCR GCSE Law J485: B141 The nature of law. Criminal courts and criminal processes 26

2 of 32 GCSE Law J485 (Linear 2012)

Introduction

Background

Following a review of 14 – 19 education and the Secondary Curriculum Review, the Qualifications and Curriculum Authority (QCA) revised the subject criteria for GCSEs, for first teaching in September 2009. This applied to all awarding bodies.

The new GCSEs have more up-to-date content and encourage the development of personal, learning and thinking skills in your students.

We redeveloped all our GCSEs, to ensure they meet your requirements. These changes give you greater control of assessment activities and make the assessment process more manageable for you and your students. Controlled assessment was introduced for most subjects.

We produced a summary brochure, which summarises the changes to Law. This can be found at www.ocr.org.uk, along with the new specification.

In order to help you plan effectively for the implementation of this specification we have produced these Schemes of Work and Sample Lesson Plans for Law. These Support Materials are designed for guidance only and play a secondary role to the Specification.

Our Ethos

OCR involves teachers in the development of new support materials to capture current teaching practices tailored to our new specifications. These support materials are designed to inspire teachers and facilitate different ideas and teaching practices.

Each Scheme of Work and set of Sample Lesson Plans is provided in Word format – so that you can use it as a foundation to build upon and amend the content to suit your teaching style and students’ needs.

The Scheme of Work and Sample Lesson Plans provide examples of how to teach this unit and the teaching hours are suggestions only. Some or all of it may be applicable to your teaching.

The Specification is the document on which assessment is based and specifies what content and skills need to be covered in delivering the course. At all times, therefore, this Support Material booklet should be read in conjunction with the Specification. If clarification on a particular point is sought then that clarification should be found in the Specification itself.

GCSE Law J485 (Linear 2012) 3 of 32

http://www.ocr.org.uk/

A Guided Tour through the Scheme of Work


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Sample GCSE Scheme of Work

OCR GCSE LAW UNIT B141: THE NATURE OF LAW. CRIMINAL COURTS AND CRIMINAL PROCESSES

SUGGESTED TEACHING TIME

WEEK 1(2 HOURS)

TOPIC WHAT IS LAW AND WHY DO WE NEED IT?

TOPIC OUTLINE SUGGESTED TEACHING AND HOMEWORK ACTIVITIES SUGGESTED RESOURCES POINTS TO NOTE

Introduction: what is law? Overview of the specification and expectations of students.

General Discussion: what do students believe the word ‘Law’ means?

Students to formulate their own definition of the word ‘Law’ which is then compared to various dictionary or text book definitions.

Explain the difference between law and morals.

Give students some examples of legally wrong e.g. murder, or morally wrong e.g. bullying.

Details of OCR website: www.ocr.org.uk and information available about the specification, including specimen and past exam papers and support materials

Specimen and past exam papers from OCR website www.ocr.org.uk

Teacher provided materials or handbook for introductory sessions

Teachers should get students used to using or developing their own learning and to encourage their own research. Also an early look at the specimen or past exam papers is crucial.

The understanding of key vocabulary is key to success from the start of teaching.

Begin to ‘zone’ walls of classroom by topics and use posters and large vocabulary cards to immerse students into subject.

Teachers should incorporate word search, gap fill and multiple choice questions as often as possible throughout course.





Sample GCSE Scheme of WorkOCR GCSE LAW UNIT B141: THE NATURE OF LAW. CRIMINAL COURTS AND CRIMINAL PROCESSES


WEEK 1(2 HOURS)

TOPIC WHAT IS LAW AND WHY DO WE NEED IT?


Why we need law? Explain to students about a democracy and what the expectations are for its citizens within the law. How are freedoms protected? How does the law regulate relationships both public and private? How are standards set? How does the law deal with breaches of these standards?

Explain how legislation and HRA98 has impacted on the regulation of society.

Issue scenario quiz where freedoms are blatantly or not, interfered with by the state e.g. police stop a youth for wearing a baseball cap.

Newspaper articles containing a variety of different areas of law e.g. crimes, breaches of contract, courts and sentences

Use of Internet to research

Internet:

www.timesonline.co.uk

www.guardian.co.uk

Local newspaper’s website

Book Lord of the Flies (1954) William Golding

Film Provoked (2006)

Abridged version of HRA98 and or ECHR:

www.direct.gov.uk

Worksheet on consolidation of topic: key topics and key facts

It is important to place an early emphasis and to use the students’ experiences in real life e.g. parents marriage or divorce, buying items from shops or being a victim of a crime.

Scenario quiz should link with later topics e.g. police powers and employment law.


http://www.direct.gov.uk/

http://www.guardian.co.uk/

http://www.timesonline.co.uk/





Sample GCSE Scheme of WorkOCR GCSE LAW UNIT B141: THE NATURE OF LAW. CRIMINAL COURTS AND CRIMINAL PROCESSES.


WEEK 2(3 HOURS) TOPIC WHERE WE FIND THE LAW – PART 1 (INTRODUCTION, ACTS OF PARLIAMENT AND

DELEGATED LEGISLATION)


Introduction to sources of law Students to examine the main sources of law both primary and secondary and suggest any advantages of each.

Explain how the law has developed historically through various sources.

Students are tasked to pass a new criminal law. They must decide on what it is, its definition, how it will become law and sentence?

PowerPoint or OHT Give students copies of each source e.g.

AOP, law report, bylaw etc…

Specimen and past papers from OCR website

Students need to be able to distinguish between the different sources and appreciate the reasons for the different types.




OCR GCSE LAW UNIT B141: THE NATURE OF LAW. CRIMINAL COURTS AND CRIMINAL PROCESSES.


WEEK 2(3 HOURS) TOPIC WHERE WE FIND THE LAW – PART 1 (INTRODUCTION, ACTS OF PARLIAMENT AND

DELEGATED LEGISLATION)


Acts of Parliament and delegated legislation

Explain the importance of legislation in a democracy.

Explain the legislative process through Parliament using an actual example: Human Rights Act 1998 or Hunting Act 2004.

Students are to research the passage of another AOP from Green Paper to Royal Assent from a list given by teacher.

Discuss whether an AOP is the best way to pass laws.

Explanation of types of delegated legislation and how it is created. Discuss the advantages and disadvantages.

Internet:

www.parliament.uk/education/

Local authority website


The AOP must be able to be easily researched and information readily available from the Internet.

Organise a trip to the Houses of Parliament or a visit by the local MP, or local Councillor.


http://www.parliament.uk/education/




WEEK 3(3 HOURS) TOPIC WHERE WE FIND THE LAW – PART 2 (JUDICIAL PRECEDENT AND EUROPEAN UNION LAW)


Judicial precedent Explain the importance in the role of the judiciary in developing and creating law through precedent.

Case look at C v DPP and its impact on Crime and Disorder Act 1998.

Students are given two fictitious cases (A and B) and must compare the facts to find potential precedent for B to follow A.

Using cases as examples, explain the hierarchy of the courts and the distinction between overruling and reversing.

Draw a timeline for the House of Lords and overruling its own decisions and explain the Court of Appeal and precedent.

Group work on producing advantages and disadvantages of precedent.

PowerPoint or OHT

Key terms test on precedent e.g. stare decisis, ratio decedendi etc…

Student worksheet containing abridged version of C v DPP and s.34 CDA98

Film Philadelphia (1993)

The understanding of key vocabulary is vital to success.

A flow chart for hierarchy which must either be provided for students or created in class using different coloured arrows explaining ways of sticking to or avoiding precedent.

Students must also become accustomed to using limited use of cases to support their understanding.






WEEK 3(3 HOURS) TOPIC WHERE WE FIND THE LAW – PART 2 (JUDICIAL PRECEDENT AND EUROPEAN UNION LAW)


European Union law Explanation of historic context of EU law using cases as evidence e.g. Van Duyn v. HO.

Students to carry out group activity on differences between Treaties, Regulations, Directives and Decisions.

Group discussion on the advantages and disadvantages of EU law using HRA98 as evidence.

Show students Monty Python’s Life of Brian (1979) ‘What did the Romans ever do for us?’ and compare with: What did Europe ever do for us? Use Internet for help here:

www.europarl.europa.eu/


Traditionally lecturers have found difficulty in maintaining interest in this complex area. Thus time should be spent developing quality resources for students.

Group discussion is important here which will link back to Week 1 and freedoms.


http://www.europarl.europa.eu/




WEEK 4(2 HOURS) TOPIC THE CLASSIFICATIONS OF LAW


The distinction between criminal law and civil law

Explain the differences between civil and criminal law. Refer back to areas already covered e.g. the courts and to topics to be covered e.g. sentencing and remedies.

Students are given different scenarios to decide which type of area governs the ‘dispute’ e.g. D punches V in the face, V’s nose is broken; V buys a sandwich from D and finds a snail in it etc…

PowerPoint or OHT

Worksheets and textbooks

Week 4 is an opportune time to set some consolidation homework from topics covered in Weeks 1-4.

Vocabulary is vital here.

Basic overview and definitions of criminal, contract and tort law

Explain the main areas of criminal law: actus reus and mens rea, offences and defences in basic terms.

Explain the tort of negligence.

Explain the main contractual issues of offer, acceptance and consideration.

Students in three groups to create posters as memory aids e.g. crime = murder – intentional killing of a human being.

PowerPoint or OHT

Worksheets and textbooks

Flip chart paper and coloured pens


Students are not expected to learn definitions of offences and defences, rather they must be able to identify whether an issue is a crime, a tort or a contractual issue.

Contractual issues can be linked to later topics e.g. employment law and any part time jobs students have.








WEEK 5(2 HOURS) TOPIC POLICE POWERS AND INDIVIDUAL RIGHTS – PART 1


Police power of stop and search

Introductory activity to stop and search under s.1 and Code A Police And Criminal Evidence Act 1984, using a fictitious scenario.

Explanation of police and citizen’s rights under PACE and common law.

Student activity of answering true or false for stop and search scenarios. Followed by definitive gap fill exercise on citizen’s rights.

Role play ‘in a public place’: students to decide which items of clothing can be removed and which cannot?

Introductory handout on stop and search

Variety of items of clothing e.g. hat, sunglasses, coat, gloves etc…

Specimen and past papers from OCR website www.ocr.org.uk

Local police authorities website

Invite a police officer from the local station or headquarters.

Role play is important here for visual learners.

It is crucial that students need to appreciate the balance between the police’s right to investigate crime and innocent citizen’s rights not to be interfered with by the police.









Police power of arrest Explanation of police power of arrest under s.24 (as amended by Serious Organised Crime and Police Act 2005) and Code G Police And Criminal Evidence Act 1984.

Explain how a citizen’s rights are protected during an arrest.

Students to role play an arrest given by the teacher with some clear and not so clear irregularities.

Show clips ranging from historic police TV e.g. The Sweeny or Life on Mars to more modern policing e.g. The Bill

Not the Nine o’clock News’ ‘Constable Savage’ sketch


It is important for students to appreciate the changes in police methods over the last 30 years.







Police power of detention Discussion as to the police power of detention of a suspect at a police station under PACE and limitations placed on this e.g. time limits to detention and delays in allowing legal advice.

Explain how the individual’s rights are protected during detention e.g. right to legal advice, copy of the codes of practice, time limits and the right to silence?

Group activity on searches, samples and fingerprints.

PowerPoint or OHT

Gapped handout

Colourful posters of what the police could be looking for during the search at the police station

A visit to a local police station is important here.

Role play is important here for visual learners.

The balancing act between the police and the citizen

In three groups, students should prepare materials on this area by comparing police powers with citizens’ rights in all three areas: stop and search, arrest and detention.

Flip chart paper


Worksheet on consolidation of topic: key topics and key facts are crucial here







WEEK 7(2 HOURS) TOPIC COURTS STRUCTURE, TYPES OF OFFENCES AND THE PROVISION OF LEGAL SERVICES

– PART 1


Courts structure: types of offences

Begin by asking students to list as many crimes as they can, then to categorise them (e.g. homicide, property related etc…), then to provide definitions and place in order of severity.

An explanation of the different ways crimes can be classified: by type, by seriousness etc…

Explanation of summary, triable either way and indictable offences using non-fatal offences as examples, e.g. common assault = summary offence.

Full discussion of pre-trial hearings to include expansion of TEW offences through pleas before venue and mode of trial (guilty or not guilty pleas).

PowerPoint or OHT slides


Satellite or cable TV: Crown Court, Judge John Deed

A trip to the local courts should be organised: Magistrates’ and Crown Court if possible.

The introductory activity should be revisited in Week 9.







– PART 1


Courts structure and appeals Basic explanation of hierarchy of the criminal courts.

Explanation of appeals from the Magistrates’ Courts and the Crown Courts for both defence and prosecution.

Gapped flow charts showing hierarchy and appeals structure in the criminal courts








– PART 2


The Magistrates’ Courts A basic look at the jurisdiction of the Magistrates’ Court, the Youth Court and the Family Court and the differences between them.

Explain the trial process for summary and triable either way offences in Magistrates’ Courts.

Students to produce flow charts for the trial processes in the Magistrates’ Court.

Text books or student information sheets

Internet:

http://www.magistrates-association.org.uk/


A visit to a Magistrates’ Court is possible here, or organise a visit by a magistrate to the school.

Mock trial organised in school or through local Magistrates’ Court

The trial process in the Crown Court

Explain the role of the Crown Court in the criminal process

Students to produce flow charts for the Crown Court’s trial process

Explain the provision of criminal legal services - Duty Solicitor scheme only.

Internet:

http://www.hmcourts-service.gov.uk/


A visit to Crown Court, if possible, is of extreme value here.

Mock trial organised in school or through local Crown Court.







WEEK 9(2 HOURS) TOPIC SENTENCING – PART 1


The aims and objectives of sentencing.

Explain the aims and objectives of sentencing with specific reference to the Criminal Justice Act 2003.

Students to produce posters on the six aims of sentencing e.g. retribution and rehabilitation.

Group discussion on murder and the mandatory life sentences under s.21 Criminal Justice Act 2003.

Copy of CJA03

Use statistics of sentencing from Magistrates’ Court and Crown Court: www.justice.gov.uk/


Teacher should refer back to week 1’s scheme of work and look at newspaper articles to see if students agree with sentences.

Key vocabulary is vital here.

The Sentencing Guidelines Council

A look at the Sentencing Guidelines Council and how important its role is in setting levels of sentence.

Students are given a ‘new’ crime and are to decide what sentence is appropriate.

www.sentencing-guidelines.gov.uk/


Arrange a specific visit to see sentencing in the Crown or Magistrates’ Court.


http://www.sentencing-guidelines.gov.uk/

http://www.justice.gov.uk/







Sentences for adult offenders Look at types of sentences available to adult offenders e.g. custodial, community sentences, fines and discharges.

Students to look at scenarios on crimes committed. They decide any aggravating factors and any mitigating factors and suggest appropriate sentences.

Definitive handout covering definitions of sentences available to adult offenders


Teacher must ensure students don’t get confused between the types of adult and youth sentencing.

Sentences should be looked at in view of the aims and objectives covered in Week 9.

Sentences for young offenders

Explain types of offences available to young offenders in addition to those given to adults e.g. youth rehabilitation orders, referral orders and reparation orders.

Students to look at scenarios of crimes and decide any aggravating factor and any mitigating factors and suggest appropriate sentences.

Students to evaluate the advantages and disadvantages of youth sentences.

Handout covering sentences available to youth offenders


Internet: http://www.sentencingcouncil.org.uk/


Organise a visit from the Probation Service or Charity dealing with Young Offenders.

Sentences should be looked at in view of the aims and objectives covered in Week 9.



http://www.sentencingcouncil.org.uk/






Proportionality in sentencing Explanation of the necessity of proportionality in sentencing and the role of the HRA98.

Newspaper articles containing a variety of different areas of law e.g. crimes, breaches of contract, courts and sentences

Use of Internet to research

Internet:

www.timesonline.co.uk

www.guardian.co.uk


Refer back to newspapers or Internet research carried out in first week.

Students should be encouraged to comment on sentences passed.








WEEK 11(2 HOURS) TOPIC LAY PERSONS (1) - USE OF LAY MAGISTRATES - PART 1


The role of the magistrates and the advantages

Talk by a magistrate or explanation by teacher on their role and that of the clerk to the court.

Students to quiz the magistrate or teacher on the advantages of using legally unqualified persons to dispense justice e.g. cost, local knowledge.

Gapped or flow chart handouts





A visit to a Magistrates’ Court is possible here, or organise a visit by a magistrate to the school.

Qualification and appointment of magistrates

Explanation of the qualification and appointment of magistrates and their social background.

Group activity around card exercise giving information about fictitious persons wishing to apply to be a magistrate. Students to decide if they are acceptable candidates?

Newspaper or Internet articles about appointments of magistrates:

www.timesonline.co.uk www.guardian.co.uk

PowerPoint or OHT

Card exercise on application to become a magistrate

Specimen and past papers from OCR

This area covers a lot of information – memory aids such as flash cards or colourfully produced posters are essential.

Students can produce further categories of fictitious persons to use in class.










website Worksheet on consolidation of topic: key

topics and key facts








Magistrates’ training Talk by a magistrate or explanation by teacher on their training, retirement and removal.

Students to carry out research activity on retirement and removal in a school library or LRC using teacher produced work pack.

Gapped or flow chart handouts


Internet:




Most of the points in this topic can be addressed by the visiting magistrate or on an organised visit.

A critique of using lay magistrates

Group exercise for students to work out any potential disadvantages for using lay magistrates.

Produce posters clarifying advantages and disadvantages of magistrates.

Flash cards can be used to prompt or add to students own findings with brief statements that they must expand on e.g. ‘middle-aged’ or ‘middle class’ and ‘inconsistent sentencing’














WEEK 13(2 HOURS)

TOPIC LAY PERSONS (2) - THE USE OF JURIES - PART 1

TOPIC OUTLINESUGGESTED TEACHING AND HOMEWORK ACTIVITIES

SUGGESTED RESOURCES POINTS TO NOTE

The role of juries and their advantages

Activity: the names of 12 students from random are called out taken to another room and informed they are a jury. The other students are divided up into a court and given a scenario. The ‘jury’ is called back and a brief trial is played out.

Explain the role of the jury in both criminal trials and the limited use in civil trials.

Explain the reasons for

Scenario based around a fictitious criminal trial – did he do it?

Internet:

www.hmcourts-service.gov.uk

http://www.direct.gov.uk/en/CrimeJusticeAndTheLaw/ Goingtocourt/

TV BBC’s The Verdict (2007)

DVD of Twelve Angry Men or Runaway Jury

Again role play can be used here to stimulate learning.

Many of the official documents in this area are available on the Internet.


http://www.direct.gov.uk/en/CrimeJusticeAndTheLaw/Goingtocourt/

http://www.direct.gov.uk/en/CrimeJusticeAndTheLaw/Goingtocourt/





WEEK 13(2 HOURS)




using juries, e.g. transparent system of justice, anonymity and privacy in decision making etc… (i.e. the advantages)






WEEK 13(2 HOURS)




Qualification and selection of juries

Basic overview of jury qualification and disqualification.

Students given flash cards with pictures of people and their background and must decide if they qualify for jury service e.g. police officer or 15 year old etc…

Basic overview of jury selection including the prosecution or defence’s right to challenge the jury.

15-20 coloured flash cards

DVD of Runaway Jury is useful here

Each student could be asked to create or suggest three more types of people who could and who could not sit on a jury.

The use of case law e.g. Fraser (1989) or Wilson and Sprason (1995) is important here.





WEEK 14(2 HOURS) TOPIC LAY PERSONS (2) - THE USE OF JURIES - PART 2


Disadvantages and alternatives to jury trial.

Using information already covered, students in small groups to produce comprehensive list of disadvantages of using juries.

Students in small groups to consider the merits of using alternatives to jury trial e.g. single judge or panel of judges.

Gapped or flow chart handouts text books or student


Students are encouraged to decide themselves on the disadvantages and alternatives to juries without the use of textbooks, Internet or other resources.

Mock test on B141 Students to sit mock exam using the specimen/past question papers from www.ocr.org.uk or one written by the teacher. This is done under exam conditions.

Specimen and past papers or one written by teacher

A mock exam for B141 is essential at the end of the unit. Students should be briefed on this throughout the unit.



Sample GCSE Lesson Plan

OCR GCSE Law Unit B141: The nature of law. Criminal courts and criminal processes

The Polices’ Powers of Stop and Search and Arrest

OCR recognises that the teaching of this qualification will vary greatly from school to school and from teacher to teacher. With that in mind this lesson plan is offered as a possible approach but will be subject to modifications by the individual teacher.

Lesson length is assumed to be one hour.

Learning Objectives for the Lesson

Objective 1 Students will be able to identify appropriate situations for stop and search by the police.

Objective 2 Students will be able to explain a citizen’s rights during a stop and search.

Objective 3 Students will be able to perform an analysis of a fictitious stop and search situation.

Recap of Previous Experience and Prior Knowledge

General recap on the criminal process. What do we mean by the criminal process? Who is involved in the criminal process in the English legal system? What are the courts that a criminal could appear in? Why are there different criminal courts? What is the role of the police in the criminal process? What powers do students think the police have? What kind of sentencing is available for convicted criminals? This will lead into the introductory scenario given at the beginning of the class and recapped at the end to check understanding.

ContentTime Content10 minutes Introductory activity to stop and search: give out session handout which begins

with a fictitious scenario based around a stop and search situation. This involves some acceptable and some unacceptable practice used by a police officer e.g. ‘stopping a citizen because they are wearing a baseball cap’. Students are to read the scenario and to comment on which parts they think are acceptable or unacceptable during the stop and search.

10 minutes Explanation: Teacher to use PowerPoint or OHT demonstration of the police powers of stop and search and how a citizen’s rights are protected under s.1 and Code A of PACE84 or common law e.g. Osman v. DPP.


Sample GCSE Lesson PlanTime Content10 minutes Student Activity 1: Student tasked to complete a true or false activity. Here the

handout lists 5-10 situations where they must correctly identify whether the police’s reason for the stop was lawful under PACE84 and why? Students to feedback their answers. Teacher to qualify each student answer with reference to the law under PACE84. Additional situations can be provided for more able students.

5 minutes Student Activity 2: Students to complete a definitive gap fill exercise which identifies and demonstrates a citizen’s rights under a stop and search e.g. ‘a stop and search can only be carried out under s.1 in a ______ place.’ Teacher to qualify each student answer with reference to the law under PACE84. Additional situations can be provided for more able students.

10 minutes Role Play: Students are to role play a stop and search with specific reference to the removal of clothing in a street. One or two students are provided with a variety of extra clothing to wear. The remainder of the class, in small groups, are tasked to provide a definitive list of what can and cannot be removed at the request of the police in such a situation. The groups feedback and agree the list. Teacher to clarify.

Consolidation

Time Content15 minutes Students to return to introductory activity involving the fictitious stop and

search. Students must revisit their original answers and amend if necessary and, this time, provide the correct part of PACE or the common law for their answer. Teacher to discuss answers.

Homework: Students given a consolidation activity: Is the stop and search lawful? which mirrors the introductory fictitious activity.


Documents

OCR Nationals€¦ · Web viewSample Lesson Plan: OCR GCSE Law J485: B141 The nature of law. Criminal courts and criminal processes. 26 Introduction. Background. Following a review