GCE A level 1253/03 New A2

LAW LA3
UNIT 3: UNDERSTANDING SUBSTANTIVE LAW: FREEDOM, THE STATE AND THE INDIVIDUAL OPTION 3: FREEDOM OF THE INDIVIDUAL AND PROTECTION OF CIVIL RIGHTS A.M. THURSDAY, 28 January 2010 1 2 hours
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ADDITIONAL MATERIALS In addition to this examination paper, you will need a 12 page answer book. INSTRUCTIONS TO CANDIDATES Answer two questions. INFORMATION FOR CANDIDATES Each question carries 25 marks. The number of marks is given in brackets at the end of each question or part-question. You are reminded of the need for good English and orderly, clear presentation in your answers. Assessment will take into account the quality of written communication used in your answers. You are reminded of the importance of including knowledge from all areas of the course where appropriate including the Legal System of England and Wales. Part (b) of each question will test understanding of the connections between the different elements of the subject.

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2 Option 3: Freedom of the Individual and Protection of Human Rights Answer two out of four questions. Study the text below and answer the questions based on it. 1. Peter is of African-Caribbean descent. He was walking home late one night from the nightclub where he works. He was wearing a puffer jacket, jeans and a woolly hat. PC Sun and PC Moon drove past and thought that Peter looked like the kind of person who would be up to no good. They stopped the police car and shouted to Peter: Hey you - come over here and no funny business either. Peter went over to the police car and had his bag snatched out of his hand by PC Sun. She searched the bag and found 200 in cash. Peter tried to explain that the money was his wages but the two officers decided to arrest him and drove him to the police station. Peter was forced to give his fingerprints and a sample of his DNA. His requests to contact his family and speak to a solicitor were refused. Peter was kept in custody for 48 hours, during which time he was interviewed for long periods without a break. He was then released without charge but told that his fingerprints and DNA were to be retained by police for use in any further police investigation. (a) (b) In the light of reported case law and other sources of law, consider the legality of the actions of the police. [14] Describe the sources of legal advice available to Peter if he wishes to bring a civil action against the police. [11]

2.

Anne has heard that a known paedophile is living near her childrens school. In fact, the man in question is a paediatrician at the local childrens hospital. Anne and 12 of her friends decided to stage an immediate protest, and marched through the town handing out leaflets showing graphic images of child abuse. PC Davies approached the marchers and asked them to change their route. Anne refused, and the march continued. Eventually, the marchers gathered outside the doctors house, blocking the pavement for pedestrians and protesting noisily. PC Davies had followed the marchers and asked Anne to move the demonstration elsewhere. She ignored his request. The doctors wife came out of the house to ask what was going on. Three of the protestors threatened her with violence. Shortly afterwards more police officers arrived and the protestors dispersed peacefully. (a) (b) In the light of reported case law and other sources of law, consider whether Anne and the other protestors had committed any public order offences. [14] Describe the provisions of the European Convention on Human Rights with regard to freedom of expression and assembly. [11]

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3 3. Martie, a well-known actress, attended an award ceremony. During the evening, a waiter claimed to have been hit in the face by one of the female guests. The police arrested and charged Martie with assault before releasing her on bail. Next morning, the Daily Slur, a popular tabloid newspaper, covered its front page with a photo of Martie leaving the police station in a short, low-cut evening dress, under the headline: Tarty Martie Wallops Waiter. The article which accompanied the photo stated that Martie had been charged with assault, and then went on to criticise Marties choice of dress and make-up, which the newspaper claimed made her look like a cheap prostitute. An MP, Clive, caused a good deal of laughter at Prime Ministers Question Time by asking whether the government had any plans to introduce an Anti-Slapper Behaviour Order to keep women like Martie off the streets. Clive later repeated this joke in a live television interview. Martie is distressed and humiliated, and is worried that the bad publicity may prejudice her trial. (a) (b) In the light of reported case law and other sources of law, consider whether Martie has any redress against Clive or the Daily Slur. [14] Explain the role of the Jury in deciding civil cases. [11]

4.

Aziz was a junior civil servant working in HM Treasury. One of his responsibilities was to send out letters drafted by senior civil servants in reply to questions from MPs. Aziz was given a letter to type in reply to a question from Marvin, an opposition MP, who was seeking information about Government plans to seize the assets of foreign banks located in the United Kingdom in the event of a future financial crisis. Aziz was aware that the letter contained sensitive information about some top secret agreements that the Government had made with foreign governments and international agencies. Aziz wrongly assumed that a Government minister had authorised its disclosure. Aziz, however, did stamp the letter Confidential before putting it in the post. When Marvin received the letter he realised immediately that it contradicted information given to Parliament by the Government. Marvin sent a photocopy of the letter to Iwan, the editor of a national Sunday newspaper, who proposed to print it in the following Sundays edition. (a) (b) In the light of reported case law and other sources of law, consider whether Aziz, Marvin and Iwan may be guilty of a criminal offence. [14] Explain the process of appealing against a conviction and sentence by the Crown Court. [11]

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