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 parts The 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 reason Selection 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