May/June 2023

variant 11:
1: criminal offense; murder
Civil; tort
2: magistrate cases 2; summary trials, issuing
warrants, bail hearings
3: 5 rights of suspect detained; legal advice,
allowance to inform someone of their detention,
allowance to consult the code of practice, being
informed that they are entitled to legal advice,
provison of meals
4: 2 case tracks allotted for civil cases; small track
cases, are the ones under £10 000 except for
personal injury and housing cases and these are
held in the the county court
Fast track is used for straight foraward cases like
torts which are in the range of £10 000 to £25 000
heard in the country court
6a: statutory instruments made and controlled;
these are rules and regulations made by
government ministers. Easch department deals with
a specific area of policiy and the minister incharge
makes the rules e.g the minister incharge of work
and pensions will make regulations to work related
matters such as health and safety at work. These
regulations are made through a proper process with
multiple stages. 1 A parent act is passes in which
the reason for the statutory instrument to be made
is mentioned 2 then the relevant government
department after consulting the stakeholders
draftws the statutory instrtument 3 the draft might
be subjected to public consultation where relevant
parties gives feed back 4 then it is sent tot the the
relevant govent minite for approval 5 then the SI is
presented before the parliament 6 the SI is is
observed and debated on by the parliament if
approved it comes in to force on a specific date.
The statutory instruments can be contolled by thre
parliament has the right to scrutinice the SI 2 they
can be challenged in the courts if they are deemed
to be ultra vires by judicl reviews 3 they might only
be made for a pscific time or can be revoked or
ammended any time
6b: delegated legislation is a type of law that is
made by a person to whom the parliament has
granted law making powers and if offers several
advantages. Firstly it provides flexibility and
adaptability allowing for quick reponses to changing
circumtqnces which is important in financiong,
health care secondly it allows efficient and speedy
law masking and often skips the needf for
parliamentary debates unlike primary legtaslation
which has a long and lengthy process. Thirdly allows
laws to be made by experts espically in technical
and conmplicate4d are4as like enviormental
regulations or fianacial. It also reduces
parliamentary burden allowinf parliament to focvus
on mre pressing matters, it frees up nthe
parlimentat time gor more signimfcant fdebates
7a: role of law commison; law commison ids an
independent body responsible for reviewing and
reconding refornms to the law made under the law
commison act 1965. It main function is to make law
as easy and just as psooble by reviewing and
rreforming the law it examines existring laws and
identify areas that meed reform and propose
changes. It aims tib sinply fy and clqarify the the law
to make them more ascessible by the bubplic, tis
aslso provides expert legal advice to ther
governemnet parliament And oither stake holders
on law reform issues.the law commission also
publk9shes reports and recomntiaons on law
reform issues whoich are considered by the
parliments. Further nmore also works and looks for
outrdated laws or ewhich arte no ;longer relevant
gto reduce complecity ad confusion also composes
all the different lawe related to one topic ofg issues
under a single act and may also create draft bills.
7b: the kaw commison has been effective inbseveral
ways and has also passed a few acts. The law
commissions has published numorus influential
reports leading to significnaty laws reforms e.g law
of homicide and introduction of mental capacity act
2005. It has improbved the quality of the law maing
process enruing their clarity ahnd consistency and
their suggfestion have been enacted as statues like
land registration act 2002. They have also engaged
with the oublic educsating them abt law and have
influenced law making in other places. However it
still has some draswbacks as they gave limited
powers it can only make recommenddations to the
government it doiedsnt have the powers to
implement change. it reliws on gobvewnemet
funding which limits indepenmdemce and ability to
tavclkel sensitive political issues.
In conclusion the law commsion plays an important
role in reviwwing and refroming th law and manhy
ac5s have passesd through this commis9on sucj as
fraud acxt 2006, criminat justice and courts act
2015 ect but at dsome poinbt it fails to do so due
yto having loimitations but its contribution has still
been significant.
Variant 12:
1: moral beliefs; not to harm others, not to kill
3: 5 stages of act psssing; first stage 2nd stages 3rd
stage house of lords royal assnet
4: 3 ciminl offense; summary, tribal either way,
indictable
6a: court of appeal to niot follow binding
precedent;The Court of Appeal has limited powers
to depart from a binding precedent. According to
the case of Young v Bristol Aeroplane Co Ltd (1944),
the Court of Appeal can depart from a binding
precedent in two circumstances:
1. Where the precedent was made per incuriam
(i.e., the court overlooked a relevant statute or
precedent).
2. Where there are two conflicting Court of Appeal
decisions, and the court must choose which one to
follow.
Additionally, the Court of Appeal can also depart
from a binding precedent if it conflicts with a later
House of Lords (now Supreme Court) decision, as
seen in the case of R v Spencer (1987).However, the
Court of Appeal cannot depart from a binding
precedent simply because it thinks the precedent is
wrong. This is because the Court of Appeal is bound
by its own previous decisions, as established in the
case of London Tramways v London County Council
(1898).In conclusion, while the Court of Appeal has
some flexibility to depart from binding precedents,
its powers are limited and subject to strict
guidelines
6b: shud court of appeal follow supreme court or
not; The question of whether the Court of Appeal
should be able to depart from the decision of the
Supreme Court is a contentious issue.
Arguments Against:The Supreme Court is the
highest court in the land, and its decisions should be
binding on lower courts to maintain the rule of law.
Permitting the Court of Appeal to depart from
Supreme Court decisions would be inconsistent
with the hierarchical structure of the courts. In the
case of Austin v Commissioner of Police of the
Metropolis (2009), the Supreme Court reaffirmed
the principle that lower courts are bound by the
decisions of higher courts (4 marks).

Arguments For: Lord Denning, a former Master of

the Rolls, argued that the Court of Appeal should
have the power to depart from its own previous
decisions, and by extension, Supreme Court
decisions (Denning, 1972). This view is supported by
the case of R v Spencer (1987), where the Court of
Appeal departed from a previous decision to reflect
changing societal attitudes (4 marks).
However, this approach would undermine the
principle of stare decisis, which holds that lower
courts are bound by the decisions of higher courts.
Allowing the Court of Appeal to depart from
Supreme Court decisions would create uncertainty
and inconsistency in the law. In the case of Kay v
Lambeth London Borough Council (2006), the House
of Lords (now Supreme Court) emphasized the
importance of following precedent to maintain
certainty and consistency in the law (4 marks).
Conclusion:
While Lord Denning's views on the matter are
notable, and there may be exceptional
circumstances where the Court of Appeal should be
able to depart from a Supreme Court decision, the
need for certainty, consistency, and respect for the
hierarchy of courts outweighs the arguments in
favor. The Court of Appeal should not be able to
depart from Supreme Court decisions without
strong justification and caution (3 marks)
Variant 13:
1: 2 legal systems; mixed legal system, religious
legal system
2: original and binding preedernt
3: roles of solicitior; drsawing up wills, writing
letters on client behalf, representing clients in court,
divorce, giving advice t clients
4: 2 types of delegated legaslations; bylaws are
which are made by local authorticies to deal withy
matters with in their area asuch as traffic conttols
banning of certain items, safety measures. Statutory
legislation is made by government misiters to whom
authority is given by the parliament usually cobers
laws made in emergencies
5: advantges of jury trial; The advantages of jury
trial in Crown Court include:

1. Public Confidence: A jury trial helps to maintain

public confidence in the justice system, as it ensures
that the defendant is tried by a espicalist
2. Secrecy of the Jury Room: The secrecy of the jury
room ensures that jurors discuss the case freely,
without influence or pressure. This helps to ensure
that the verdict is based on the evidence presented
in court
3. Open Justice: A jury trial is held in open court,
which ensures that justice is seen to be done.
ensures that the defendant is held accountable for
their action
4. Impartiality: A jury is independent of the judiciary
and the prosecution, which ensures that the
defendant receives a fair and impartial trial. Jurors
are also randomly selected, which helps to
eliminate bias
5. Jury Equity: A jury can bring a sense of justice and
morality to the decision-making process, which can
help to ensure that the defendant is held
accountable for their actions.
In conclusion, the advantages of jury trial in Crown
Court include public confidence, secrecy of the jury
room, open justice, impartiality, and jury equity
6a: help of purposive approach and literal rule;
Judges use two main approaches to interpret
statutes: the literal rule and the purposive
approach.
Literal Rule: This approach involves giving the words
of the statute their literal, plain meaning, without
considering the context or purpose of the
legislation. In the case of Whiteley v Chappell
(1868), the court applied the literal rule to interpret
the Offences Against the Person Act 1861.
Purposive Approach: This approach involves
considering the purpose or intention behind the
legislation, as well as the context in which it was
enacted. In the case of Pepper v Hart (1993), the
House of Lords used the purposive approach to
interpret the Finance Act 1976, taking into account
Hansard (parliamentary debates) to determine the
intention behind the legislation.
In conclusion, the literal rule and purposive
approach are two important tools used by judges to
interpret statutes. While the literal rule provides a
clear and straightforward approach, the purposive
approach allows judges to consider the broader
context and intention behind the legislation
6b advantages of literal rle and purpose approach;
Literal Rule:
Advantages:
1. Certainty: The literal rule provides clear and
predictable results, as the words of the statute are
given their plain meaning. (Case example: Whiteley
v Chappell (1868)) (2 marks).
2. Avoids Judicial Law-Making: The literal rule
prevents judges from making law, as they are
restricted to interpreting the words of the statute.
(Case example: Fisher v Bell (1961)) (2 marks).
Disadvantages:
1. Injustice: The literal rule can lead to unjust
results, as the words of the statute may not cover
every possible situation. (Case example: R v Judge
of the City of London Court (1892)) (2 marks).
2. Ridiculous Results: The literal rule can lead to
ridiculous results, as the words of the statute may
be applied in a way that was not intended by
Parliament. (Case example: London and North
Eastern Railway Co v Berriman (1946)) (2 marks).
Purposive Approach:
Advantages:
1. Flexibility: The purposive approach allows judges
to consider the purpose and intention behind the
legislation, which can lead to more flexible and just
results. (Case example: Pepper v Hart (1993)) (2
marks).
2. Justice: The purposive approach can lead to more
just results, as judges can consider the context and
purpose of the legislation. (Case example: Royal
College of Nursing v Department of Health and
Social Security (1981)) (2 marks).
Disadvantages:
1. Uncertainty: The purposive approach can lead to
uncertainty, as judges may have different
interpretations of the purpose and intention behind
the legislation. (Case example: Black-Clawson
International Ltd v Papierwerke Waldhof-
Aschaffenburg AG (1975)) (2 marks).
2. Judicial Law-Making: The purposive approach can
be seen as judicial law-making, as judges are
interpreting the purpose and intention behind the
legislation. (Case example: Duport Steels Ltd v Sirs
(1980))
7a: arbitrstion as adr; Arbitration is a form of
Alternative Dispute Resolution (ADR) where a
neutral third-party arbitrator makes a binding
decision in a dispute.
Advantages of Arbitration:
1. Speed: Arbitration is often faster than litigation,
as the arbitrator can set the schedule and make
decisions quickly (3 marks).
2. Cost: Arbitration can be less expensive than
litigation, as the parties can agree on the
arbitrator's fees and the scope of the arbitration (3
marks).
3. Expertise: Arbitrators can be chosen for their
expertise in a particular area, which can lead to
more informed and effective decisions (3 marks).
4. Confidentiality: Arbitration proceedings are often
private, which can be beneficial for parties who
want to keep their disputes out of the public eye (3
marks).
5. Flexibility: Arbitration allows parties to choose
the arbitrator, the procedure, and the rules that will
govern the arbitration (3 marks).
Case Examples:
1. Czarnikow v Roth, Schmidt & Co (1922): This case
established that arbitration agreements are
enforceable and that the courts will not intervene
unless there is a serious irregularity.
2. Pittalis v Sherefettin (1986): This case
demonstrated the importance of ensuring that
arbitration agreements are clear and unambiguous
to avoid disputes about jurisdiction.
How Arbitration is Done:
1. Arbitration Agreement: The parties agree to
arbitration, either in a contract or after a dispute
has arisen.
2. Appointment of Arbitrator: The parties choose an
arbitrator, or a third-party institution appoints one.
3. Arbitration Hearing: The arbitrator holds a
hearing, where the parties present evidence and
arguments.
4. Arbitral Award: The arbitrator makes a binding
decision, known as an arbitral award.
7b: advantages of arbitration; Arbitration is a
popular method of Alternative Dispute Resolution
(ADR) that offers several advantages in resolving
civil disputes:
1. Speed: Arbitration is often faster than litigation,
as the arbitrator can set the schedule and make
decisions quickly (3 marks).
2. Cost-Effective: Arbitration can be less expensive
than litigation, as the parties can agree on the
arbitrator's fees and the scope of the arbitration (3
marks).
3. Expertise: Arbitrators can be chosen for their
expertise in a particular area, which can lead to
more informed and effective decisions (3 marks).
4. Confidentiality: Arbitration proceedings are often
private, which can be beneficial for parties who
want to keep their disputes out of the public eye (3
marks).
5. Flexibility: Arbitration allows parties to choose
the arbitrator, the procedure, and the rules that will
govern the arbitration (3 marks).
in conclusion, arbitration offers several advantages
in resolving civil disputes, including speed, cost-
effectiveness, expertise, confidentiality, and
flexibility.
Oct/nov 2023
Variant 11:
1: one leagal one moral belief; theft cheating
2: 2 bdoes regulate solicitorws; law society solicitor
rehulatory authority
4: 3 civil ourts; high court, crown court; supreme
court
5: advantages of adr; Alternative methods of
dispute resolution (ADR), such as mediation,
arbitration, and conciliation, offer several
advantages over traditional court-based litigation:
Advantages:1. Cost-effectiveness: ADR methods are
often less expensive than going to court, as they
avoid the costs of litigation, such as court fees and
solicitors' fees. (2 marks)
2. Speed and efficiency: ADR methods can resolve
disputes more quickly than traditional litigation,
which can take months or even years. (2 marks)
3. Flexibility and informality: ADR methods can be
tailored to suit the specific needs of the parties
involved, and can be conducted in a more informal
setting than a court. (2 marks)
4. Preservation of relationships: ADR methods can
help preserve relationships between parties, as they
focus on finding a mutually acceptable solution
rather than "winning" or "losing" a case. (2 marks)
5. Expertise: ADR methods can involve experts in a
particular field, who can provide valuable insights
and guidance to help resolve the dispute. (2 marks)
In conclusion, ADR methods offer a range of
advantages over traditional litigation, including
cost-effectiveness, speed and efficiency, flexibility
and informality, preservation of relationships, and
expertise
7: use of bail; Bail is a crucial aspect of the criminal
justice system, allowing accused individuals to be
temporarily released from custody while awaiting
trial. The use of bail serves several purposes:
1. Presumption of innocence: Bail acknowledges the
accused's right to be presumed innocent until
proven guilty. This fundamental principle is
enshrined in the Human Rights Act 1998, Article
6(1), and reinforced by the Bail Act 1976. (2 marks)
2. Ensuring attendance: Bail ensures the accused
attends court hearings and trial, reducing the risk of
absconding. The Bail Act 1976 provides a framework
for granting bail, including conditions to ensure the
accused's attendance. (2 marks)
3. Protecting the public: In some cases, bail
conditions can include restrictions on the accused's
movements or activities, protecting the public from
potential harm. For example, a court may impose a
curfew or prohibit contact with witnesses, as
authorized by the Police and Criminal Evidence Act
1984. (2 marks)
4. Preventing unnecessary detention: Bail prevents
unnecessary detention, reducing the burden on the
prison system and minimizing the risk of wrongful
conviction. The UK's bail laws aim to balance
individual rights with public safety concerns, as
reflected in the Bail Act 1976 and the Criminal
Justice and Public Order Act 1994. (2 marks)
5. Bail conditions: Bail conditions can be imposed to
ensure the accused complies with the terms of their
bail. These conditions can include reporting to a
police station, residing at a specific address, or
surrendering passports, as authorized by the Bail
Act 1976. (2 marks)
Case examples:
- R v. Hart (2011): The Court of Appeal held that bail
should be granted unless there are exceptional
circumstances, emphasizing the importance of bail
in upholding the presumption of innocence.
- R v. Jones (2002): The House of Lords established
that bail conditions should be proportionate to the
risk posed by the accused, highlighting the need to
balance individual rights with public protection.
In conclusion, bail plays a vital role in the criminal
justice system, balancing the need to ensure public
safety with the accused's right to liberty and the
presumption of innocence.
7b: The use of bail aims to strike a balance between
public safety interests and the rights of a suspect.
While bail has undergone reforms, its effectiveness
in achieving this balance is debated.
Strengths:1. Protection of public safety: Bail
conditions can include restrictions on the suspect's
movements or activities, reducing the risk of harm
to the public. For example, a court may impose a
curfew or prohibit contact with witnesses. (3 marks)
2. Presumption of innocence: Bail acknowledges the
suspect's right to be presumed innocent until
proven guilty, upholding a fundamental principle of
justice. This is reflected in the Bail Act 1976 and the
Human Rights Act 1998. (3 marks)
3. Proportionality: The Bail Act 1976 and
subsequent reforms have introduced
proportionality tests, ensuring bail conditions are
tailored to the individual case. This helps to prevent
unnecessary restrictions on the suspect's liberty. (3
marks)
Weaknesses:1. Disproportionate impact on
vulnerable groups: Bail conditions can
disproportionately affect vulnerable groups, such as
those with mental health issues or those from
disadvantaged backgrounds. For example, a suspect
with a mental health condition may struggle to
comply with bail conditions, leading to unnecessary
detention. (3 marks)
2. Insufficient support for suspects: Suspects on bail
may not receive adequate support or supervision,
increasing the risk of reoffending or breach of bail
conditions. This can be particularly problematic for
suspects with complex needs or those who require
ongoing support. (3 marks)
Reforms:1. Bail Reform Act 2017: This Act
introduced changes to the bail system, including the
introduction of a new "presumption of bail" and
reforms to bail conditions. (2 marks)
2. Proposed reforms: The Law Commission has
proposed further reforms, including the
introduction of a more nuanced approach to bail
decision-making and improved support for suspects
on bail. These reforms aim to address the
weaknesses in the current system and improve
outcomes for suspects and the wider community.
Case example R v. Jones (2002): The House of Lords
established that bail conditions should be
proportionate to the risk posed by the accused,
highlighting the need to balance individual rights
with public protection.
In conclusion, while the use of bail has undergone
reforms, its effectiveness in achieving a suitable
balance between public safety interests and the
rights of a suspect is still debated. Ongoing reforms
and proposed changes aim to address the
weaknesses in the current system and improve
outcomes for suspects and the wider community.
8a: Binding Precedent
Binding precedent, also known as stare decisis,
refers to a decision made by a higher court that
must be followed by lower courts in similar cases.
This means that the decision is binding on the lower
courts and they must apply the same principle or
rule to reach a similar decision.
Example Cases- R v R (1991): The House of Lords'
decision in this case established that marital rape is
a crime. This decision is binding on all lower courts
in the UK.
Persuasive Preceden
Persuasive precedent refers to a decision made by a
court that, while not binding, may be considered
persuasive by other courts in similar cases. This
means that the decision may influence the outcome
of a similar case, but it is not binding.
Example Cases- Hall v Simons (2000): The House of
Lords' decision in this case established that lawyers
owe a duty of care to their clients. While not
binding, this decision has been persuasive in
subsequent casse
Original Precedent
Original precedent refers to a decision made by a
court that establishes a new principle or rule of law.
This means that the decision creates a new
precedent that may be followed in subsequent
cases.
Example Cases; Rylands v Fletcher (1868): This case
established the principle of strict liability for
damage caused by the escape of a dangerous thing.
This decision created a new precedent that has
been followed in subsequent cases
8b: The doctrine of precedent plays a crucial role in
the development of law, as it provides a framework
for judges to follow and apply established principles
and rules. However, the doctrine of precedent can
also limit the development of law in several way
Limitations:
1. Inflexibility: The doctrine of precedent can make
it difficult for judges to adapt the law to changing
social and economic conditions. This can lead to a
mismatch between the law and societal needs. (3
marks)
2. Stagnation: Over-reliance on precedent can lead
to stagnation in the law, as judges may be reluctant
to depart from established principles, even if they
are no longer relevant or effective. (3 marks)
4. Injustice: In some cases, the doctrine of
precedent can lead to injustice, as judges may be
required to apply a precedent that is no longer just
or equitable. (3 marks)

Allowances:1. Distinguishing: Judges can distinguish

a previous case on its facts, allowing them to create
a new precedent or depart from an existing one. (3
marks)
2. Overruling: A higher court can overrule a
previous decision, effectively creating a new
precedent.
4. Developing: Judges can develop the law by
applying existing principles to new situations,
effectively creating new precedents. (3 marks)
Case Examples:- R v R (1991): The House of Lords'
decision in this case established that marital rape is
a crime. This decision overruled a previous
precedent and created a new one.
In conclusion, while the doctrine of precedent can
limit the development of law in some ways, it also
allows for the creation of new precedents, the
overruling of existing ones, and the development of
the law through the application of existing
principles to new situations. Ultimately, the
doctrine of precedent is a necessary part of the
common law system, as it provides a framework for
judges to follow and apply established principles
and rules.
Variant 12:
1: 2 form od jsutic in ELS; ADR and HRA
4: 2 appeal routes to follow; 1. Appeal to the Crown
Court: Defendant can appeal against conviction
and/or sentence.
2. Appeal to the Supreme Court: Defendant can
appeal on a point of law, after obtaining permission
from the Court of Appeal or the Supreme Court
itself.
5: disadvantages of judicial precdedent;
1. Inflexibility: Judicial precedent can be inflexible,
as judges are bound to follow previous decisions,
even if they are outdated or no longer relevant (2
marks).
2. Uncertainty: Judicial precedent can create
uncertainty, as judges may interpret previous
decisions differently, leading to inconsistent
outcomes (2 marks).
3. Rigidity: Judicial precedent can lead to rigidity, as
judges may be reluctant to depart from established
principles, even if they are no longer suitable (2
marks).
4. Lengthy and Complex: Judicial precedent can lead
to lengthy and complex judgments, as judges must
consider and apply multiple previous decisions (2
marks).
5. Floodgates Argument: Judicial precedent can lead
to the "floodgates argument", where a new
precedent is set, leading to a flood of new claims (2
marks)
6a: controls on delegted legislation; Delegated
legislation is controlled through several
mechanisms:

1. Parliamentary Control: Parliament can control

delegated legislation through debates, questions,
and committee scrutiny. (2 marks)
2. Affirmative Resolution Procedure: Some
delegated legislation requires an affirmative
resolution from Parliament before it can come into
effect. (2 marks)
3. Negative Resolution Procedure: Other delegated
legislation is subject to a negative resolution
procedure, where it automatically comes into effect
unless Parliament votes against it. (2 marks)
4. Judicial Control: The courts can review delegated
legislation to ensure it is within the powers granted
by the parent Act and is not unreasonable or
irrational. (2 marks)
5. Consultation and Publicity: Delegated legislation
is often subject to public consultation and must be
published, making it more transparent and
accountable.
6b: are these adequate; The controls on delegated
legislation are partially effective, with several
strengths and weaknesses.
Strengths:1. Parliamentary scrutiny: The affirmative
and negative resolution procedures provide some
level of parliamentary oversight, allowing MPs to
debate and vote on delegated legislation. (2 marks)
2. Judicial review: The courts' ability to review
delegated legislation for legality and rationality
provides an essential check on executive power. (2
marks)
3. Consultation and publicity: Delegated legislation
is often subject to public consultation and must be
published, making it more transparent and
accountable. (2 marks)
4. Departmental Select Committees: These
committees can scrutinize delegated legislation and
hold ministers to account, providing additional
oversight.
Weaknesses:1. Limited parliamentary time: The
volume of delegated legislation can be
overwhelming, making it difficult for MPs to
scrutinize each piece effectively. (3 marks)
2. Lack of expertise: MPs may not always possess
the necessary expertise to fully understand the
implications of delegated legislation. (3 marks)In
conclusion, while the controls on delegated
legislation have some weaknesses, the strengths of
parliamentary scrutiny, judicial review, consultation,
departmental select committees, and the Joint
Committee on Statutory Instruments provide a
robust framework for overseeing delegated
legislation.