PRACTICE QUESTIONS:

Paper 1 – Section A questions

PACE
1. Identify two statutes that govern police powers (2 marks)
2. Identify two powers given to the police to enable them to investigate crime (2 marks)
3. State five safeguards given by PACE to uphold the rights of the suspect. (5 marks)
4. State any five conditions in s 24(4) PACE which need to be satisfied for an arrest to be
deemed necessary (5 marks)
5. Describe the role of the custody officer (6 marks)
6. Explain the basis upon which police may exercise their powers of stop and search (6
marks)
7. Assess the protection awarded to suspects while being stopped and searched (10)

CRIMINAL COURTS & APPEALS

8. Identify any two aspects of the role of the Magistrates Court (2 marks)
9. Identify any two decisions the Crown Court judge can take when hearing an appeal from
the Magistrates court (2 marks)
10. What are the grounds for making a case-stated appeal from the Magistrates Court to the
QB Divisional Court (2 marks)
11. Name any two triable-either way offences ( 2 marks)
12. State two ways in which the prosecution can appeal against a decision taken by the
Crown Court (2 marks)
13. State any five factors that the Magistrates will consider when deciding whether the
accused may be granted bail or should be remanded into custody (5 marks)
14. Outline the appeal routes open to the defendant when he/she believes he has been
wrongfully convicted or too harshly sentenced in the Magistrates Court (6 marks)
15. Describe the pre-trial processes for an indictable offence (6 marks)
16. To what extent is the availability of appeals in the criminal justice system effective in
ensuring that miscarriages of justice are remedied (10 marks)
17. Describe the advantages and disadvantages of allowing the defendant the right to bail (10
marks)
18. Describe the factors taken into account by the defendant when exercising his or her right
to choose between the magistrates court and the crown court for an either-way offence
(10 marks)
19. To what extent is it justified to make the defendants right to bail subject to conditions and
 restrictions (10 marks)

JUDICIAL PRECEDENT

20. Describe what is meant by ratio decidendi and obiterdicta (6)

21. Explain what is meant by original and binding precedent (6)
22. Explain what is meant by distinguishing. Which courts have the power to distinguish? (2)
23. Describe one civil and one criminal case where the Practise Statement is used (6)
24. Assess the contribution of judicial precedent in the development of civil law. (10)

STATUTORY INTERPRETATION

25. Explain one advantage and one disadvantage of using the literal rule. (2)
26. Define the golden rule using a judicial precedent to further your explanation. (5)
27. Identify 5 extrinsic aids. (5)
28. State the two rules of languages. (2)
29. State the approach of the European Union when it comes to statutory interpretation. (2)
30. Assess to what extent is hansard a useful tool in matters of interpretation. (10)

DELEGATED LEGISLATION

31. Identify the bodies who make the Orders in Council. (2)
32. State the body responsible for making the statutory instruments along with the source
from which they derive their power. (2)
33. Describe the two ways in which judges control delegated legislation (2)
34. Identify 5 controls used for delegated legislation (5)
35. State 5 advantages of delegated legislation. (5)
36. Assess to what extent delegated legislation leads to effective law making. (10)

PARLIAMENTARY LAW MAKING

37. State the purpose of the green paper and the white paper (2)
38. Identify the five stages of Parliamentary law making. (5)
39. Describe how pressure groups influence the law making in the United Kingdom with
examples. (5)
40. Assess the work of the Law Commission as an influence on law making. (10)
41. Assess to what extent is the legislative drafting method effective. (10)
42. Describe how Parliamentary sovereignty limited (5)
MAGISTRATE

43. Identify the two bodies that preside in the magistrate court (2)
44. State 5 functions of the magistrates in criminal matter s
45. Identify 2 courts in which magistrates require special training before presiding (2)
46. Identify the bodies that make the appointment decision for magistrates
47. State the 2 disadvantages of the LAC. (2)
48. State 5 advantages of selecting magistrates over judges (5)
49. Explain how a magistrate is selected. (6)
50. Which occupations are ineligible for magistrate appointment (2)
51. State 5 aspects of a magistrate’s training. (5)
52. Identify 2 qualifications needed in order to become a magistrate. (2)
53. Assess the role played by magistrates in the criminal justice system (10)

JURY

54. Describe the selection process for members of the jury. (5)
55. State 3 qualifications required in order to become a jury member (6)
56. Identify 2 alternatives of jury system (2)
57. State 2 bodies who can receive jury excusal (2)
58. Identify the split function of the jury (2)
59. Explain the role of jury in civil matters (5)
60. State 2 methods of challenging the jury (2)
61. Assess to what extent jury members arrive at a fair verdict. (10)
 Section B

JURY

1a- Describe the role of the jury in a criminal trial (10)

1b- Discuss the disadvantages of using juries in the criminal justice system. (15)

2a- Explain the role of the jury in both civil and criminal cases. (10)
2b- Assess the extent to which jurors may be influenced by their personal feelings or opinions.
(15)

It is important in the English legal system that those brought to trial are judged by their peers
(people like them).

3a- Explain how jury members and Magistrates are selected. (10)
3b- Assess how far it is true to say that they are representative of society. (15)

4a- Describe the selection process for the jury. (10)

4b- Assess how far this process can ensure that those selected as jurors can fulfil their role
without bias. (15)

5a- Describe the role of the jury in both civil and criminal cases. (10)
5b- Discuss any reforms which have been suggested to improve the jury system. (15)

6a- Describe how a jury in a criminal case is selected. (10)

6b- Assess whether this process successfully removes potential jurors who may be unsuitable to
fulfil the role. (15)

It is often claimed that juries get too many decisions wrong.

7a- Explain the role of both civil and criminal juries (10)
7b- Assess the validity of the statement above. (15)

8a- Explain the process by which a jury is selected. (10)

8b- Assess the extent to which this ensures that a jury reflects its community (15)

LEGISLATION

1a- Describe how Parliament creates Acts of Parliament. (10)

1b- Assess the advantages and disadvantages of this method of law-making. (15)
2a-Describe the role of the Law Commission in law reform. (10)
2b- Assess how successful they have been in influencing the creation of new law. (15)

3a- Describe the process through which a Bill must pass to become an Act of Parliament. (10)
3b- Discuss the extent to which this process leads to the creation of effective laws. (15)

PACE

1a- Explain the law that governs the treatment of individuals in custody at a police station. (10)
1b- Assess whether the law is adequate to protect individuals in these circumstances. (15)

In England and Wales there were over 275 000 stop and search incidents in 2017–2018.
2a- Describe the powers of the police to stop and search. (10)
2b- Assess the extent to which stop and search is successful in preventing and detecting crime.
(15)

Whilst walking around the town centre, Police Constable (PC) Ali receives a message over his
radio: a woman aged around 20 and carrying a large backpack has been seen running from the
scene of a robbery. PC Ali sees Jenny, who fits this description, running towards him.
3a- Explain the powers of stop and search which PC Ali has in this situation. (10)
3b- Assess whether these powers are adequate to allow the police to prevent crime. (15)

Bella has been arrested on suspicion of committing murder and taken to her local police station.
4a- Explain how Bella should be detained and treated at a police station. (10)
4b- Assess whether the law adequately protects her rights in this situation (15)

Marie has been arrested for theft of a car and taken to Barchester Police Station for questioning.
5a- Explain Marie’s rights once she arrives at the police station. (10)
5b- Assess the extent to which these rights make the job of the police investigating crime
difficult. (15)

BAIL

After charge, but before trial, an individual can be remanded on bail by the court.
1a- Explain how a court makes this decision and what conditions might be imposed. (10)
1b- Assess the extent to which the granting of bail to an individual charged with a crime imposes
risks on society. (15)

When deciding whether to grant bail, there is a conflict between the protection of the public and
the rights of someone who has not yet been tried by a court.
2a- Describe the court’s power to grant bail. (10)
2b- Discuss whether it is ever justifiable to remand a suspect in custody before trial. (15)

Juhena has been charged with the theft of expensive jewellery from a shop in London. She lives
with her husband and their seven-year-old child in rented accommodation nearby. She also owns
a property in France. She has complied with bail given to her for a previous conviction for fraud.

3a- Explain the factors that might be considered when deciding whether or not to grant bail to
Juhena. (10)
3b- Justify whether it is ever appropriate to grant bail to someone charged with an offence. (15)

CRIMINAL PROCESS

1a- Explain the pre-trial process for defendants after they have been charged with a triable either
way offence. (10)
1b- Assess the issues defendants should consider when choosing a venue for trial. (15)

Leah has been charged with theft of a valuable painting, a triable either way offence.
2a- Explain the process through which her case will pass from Leah’s first appearance in court to
the commencement of her trial. (10)
2b- Discuss the factors which will have to be considered when deciding the court in which she is
to be tried. (15)

APPEALS

1a- Describe how a defendant found guilty of a criminal offence in the Magistrates’ court might
appeal against conviction or sentence. (10)
1b- Discuss the factors a defendant might consider when making any appeal.(15)

Leo has been convicted of assault in the Magistrates’ Court. He maintains his innocence and
wishes to appeal.
2a- Describe the different ways in which Leo can appeal. (10)
2b- Assess the problems which he might experience when making an appeal. (15)

Tatleen has been charged with the theft of £2000 from her place of work. Theft is a triable either
way offence.
3a- Explain the pre-trial process for Tatleen after she has been charged. (10)
3b- Discuss the issues she should consider when deciding on a venue for trial (15)

4a-Describe the routes of appeal open to both prosecution and defence against conviction and
sentence in the Crown Court. (10)
4b- Assess the effectiveness of this process in achieving justice.(15)
MAGISTRATES

Magistrates are selected to fulfil an important function in both civil and criminal cases.

1a- Explain how magistrates are selected and their function within the court system. (10)
1b- Assess how far it is true to say that they represent their community. (15)

It is important in the English legal system that those brought to trial are judged by their peers
(people like them).

2a- Explain how jury members and Magistrates are selected. (10)
2b- Assess how far it is true to say that they are representative of society. (15)

3a- Describe the qualifications and training required for lay magistrates. (10)
3b- Assess whether they are adequately prepared for their role. (15)

4a- Describe the training of lay magistrates and their role in both civil and criminal cases. (10)
4b- Assess whether the training ensures effective lay personnel. (15)

5a-Describe the qualifications and training required for lay magistrates. (10)
5b- Assess whether they are adequately prepared for their role. (15)

Both the way in which magistrates are selected and the training they receive are inadequate.
6a-Describe both the selection and training of lay magistrates. (10)
6b- Assess whether the statement above is justified. (15)

STATUTORY INTERPRETATION
Judges use any of the three common law rules of interpretation they choose when interpreting
statutes
1a- Explain these rules and their use by the judiciary. (10)
1b- Assess which might be the most effective. (15)

When judges need to interpret the meaning of a statute, there are rules of language, extrinsic and
intrinsic aids and presumptions as tools to help them.

2a- Explain how these tools work. (10)

2b- Assess the extent to which they help the task of statutory interpretation. (15)

When interpreting statutes, judges use the literal, golden and mischief rules.
3a- Describe these rules. (10)
3b- Assess how effective they are in helping judges to perform this task. (15)
JUDICIAL PRECEDENT

Judicial precedent is a major source of law.

1a- Outline the system of judicial precedent. (10)
1b- Assess whether it has enabled judges to create and amend law to meet the needs of society.
(15)

The English system of precedent is capable of demonstrating flexibility.

2a- Describe how the Court of Appeal and the Supreme Court can depart from previous
decisions. (10)
2b- Assess the significance of these courts in allowing precedent to be flexible. (15)

3a- The rules of precedent mean that law is static and cannot change. (10)
3b- Explain how precedent works. Assess the accuracy of the statement above. (15)

4a- Explain how the system of precedent operates. (10)

4b- Assess the extent to which there are adequate ways for a judge to avoid precedent. (15)

5a- Explain how a judge might avoid a precedent. (10)

5b- Assess the extent to which it is possible for a judge to create new laws. (15)

DELEGATED LEGISLATION
Delegated legislation can be controlled by both the courts and parliament.

1a- Outline the different types of delegated legislation. (10)

1b- Assess the effectiveness of the controls that may be applied to delegated legislation. (15)

2a-Explain the different types of delegated legislation and a reason each type is necessary. (10)
2b- Assess the disadvantages of delegated legislation (15)

The use of delegated legislation has both advantages and risks.

3a- Describe the types of delegated legislation. (10)
3b- Assess whether the controls on its use are adequate. (15)

4a- The use of delegated legislation has both advantages and risks. (10)
4b- Describe the types of delegated legislation. Assess whether the controls on its use are
adequate. (15)

5a- Describe three types of delegated legislation. (10)

5b- Assess whether the advantages of delegated legislation outweigh the disadvantages. (15)
Paper 2 – 5 mark questions

1. Explain through the use of an example what is meant by a strict liability offence.
2. Describe the difference between a conduct crime, result crime and state of affairs crime.
3. Describe the notion of transferred malice. You must use case law to support your answer.
4. Explain the rule that the actus reus and the mens rea of an offence must coincide.
5. What is meant by the term ‘novus actus interviens.’?
6. Describe the difference between direct intention and oblique intention.
7. Trace the development of the law on recklessness.
8. Outline the actus reus and mens rea of theft.
9. What counts as property for the purposes of Theft Act 1968?
10. Explain the meaning of ‘belonging to another’ in the context of theft.
11. What is meant by ‘intention to permanently deprive’ in the law of theft.
12. State the test for dishonesty set out in Ivey v Genting Casinos 2020
13. Describe the offence of making off without payment
14. Describe the offence of blackmail
15. Describe the offence of obtaining goods dishonestly
16. Describe the 2 types of criminal damage
17. Describe the types of sentence that can be given to adult offenders who commit burglary
and aggravated burglary.
Burglary – TA 1968 –
TEW
Dwelling – residential premise – 14 years
Non – dwelling – non residential – 10 years
Aggravated burglary – a form of weapon is used – most serious of burglary
Indictable – maximum: life sentence
THEFT
TA 1968
TWE
Max – custodial 7 years
Summary offence – shoplifting for less than 200
Magistrate: 12 months
18. Describe the offence of theft
Source: S1 of the TA 1968
AR: appropriation of a property belonging to another
 MR: dishonesty and intention to per deprive
TWE
Maximum sentence: 8 years

Paper 2

Section B – 25 marker

Q1- Explain the evaluate the role of omissions.

Q2- Explain the evaluate the role of intention.

Q3- Explain the evaluate the role of recklessness.

Q4- Explain and evaluate the law in relation to causation.

Possible sentencing questions:

Q1- Evaluate the extent to which the aims of sentencing are effective in reducing re- offending
among young offenders.

Q2- Describe the sentences available for adult offenders and evaluate to what extent the aims are
met.
P1:

1. ROL
2. LEGISLATION – HRA – PS
3. LAW COMMISSION
4. DELEGATED LEGISLATION
5. STATUTORY INTERPRETATION
6. JUDICIAL PRECEDENT
7. PACE
8. BAIL
9. TRIAL PROCESS
10. APPEALS
11. JURY
12. MAGISTRATES

P2

EXCEPT: HANDLING STOLEN GOODS

AR- SENTENCING