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CORRECT METHOD WRONG METHODS
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0 1 Select the false statement about Article 2 of the European Convention on Human Rights
(the right to life).
[1 mark]
A It imposes a positive obligation on States to protect life.
B It imposes an obligation on States to have rules of law about
liability for offences of homicide.
C It permits an exception when the killing is because a person
refuses to obey a lawful instruction given by a police officer.
D It permits an exception where the killing is considered absolutely
necessary in defence of another person from unlawful violence.
0 2 Select the true statement about the effect of the European Convention on Human Rights
on English law and the English legal system.
[1 mark]
A A private individual cannot directly enforce European Convention
rules against another private individual in an English court.
B An English Court must not apply a UK statute which it believes is in
conflict with the law of the European Convention.
C Judges can be sued for damages under the Human Rights Act
1998 if they fail to act as required by provisions of the European
Convention.
D The European Court of Human Rights always allows a ‘margin of
appreciation’ to a State when considering whether the State has
complied with a European Convention right.
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0 3 box Select the false statement about delegated legislation.
[1 mark]
A By-laws can be made by some public corporations as well as by
local authorities.
B Delegated legislation is made by a person or body under powers
given by the Government.
C The Scrutiny Committee can report on problems with delegated
legislation but cannot make changes to it.
D The validity of delegated legislation can be challenged by an action
for judicial review.
0 4 Select the false statement about judges.
[1 mark]
A Circuit judges try criminal cases in the Crown Court with juries.
B High Court judges try criminal cases in the Crown Court with juries.
C Judges cannot be sued for defamation for things said about parties
or witnesses in a criminal trial.
D Supreme Court judges can only be removed from office by the
Prime Minister.
0 5 Select the true statement about advice and funding in criminal cases.
[1 mark]
A A defendant in a criminal case cannot obtain public funding to
defend the case.
B A duty solicitor is available to provide free representation for a
defendant’s appeal against conviction to the Supreme Court.
C An insurance agreement can be made which will fund the payment
of a fine imposed on a defendant convicted of a criminal offence.
D Conditional fee agreements are not permitted in criminal cases.
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box 0 6 Explain three aspects of the rule of law.
[5 marks]
Extra space
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0 7 Arvin, a police officer, saw Brett and Chas come out of a shop. Both were laughing and
Arvin heard Brett say to Chas, “Did you see the way she went down when I punched
her?” Arvin was aware of a woman screaming in the shop. He followed Brett, stopped
him and asked for his name. Brett said, “Mouse, officer. But you can call me Mickey.”
Suggest why, according to English law (Police and Criminal Evidence Act 1984), Arvin
could lawfully arrest Brett in these circumstances.
[5 marks]
Extra space
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0 8 Investigative journalists published a series of highly controversial articles alleging that
vulnerable people were being exploited at work in East Town. Eventually, a number of
persons were convicted of various offences connected with the exploitation.
Elena was a very vocal critic of the work of the journalists and of the convictions.
Despite fury from many in the area, she expressed her views in every way possible.
She asserted that journalists, lawyers and local government officials connected with the
affair were involved in bribery and corruption. Some of those she accused were
contemplating actions for defamation. Additionally, the police were considering
prosecuting Elena for harassment offences.
Assuming that actions in defamation and prosecution for harassment offences go ahead,
advise Elena on the use that she might make of Article 10 of the European Convention on
Human Rights (the right to freedom of expression).
[10 marks] [Show Less]