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Monday 15 May 2017 Afternoon Time allowed: 1 hour 30 minutes Materials You will need no other materials. Instructions • Use black ink or black ball-point pen. • Fill in the boxes at the top of this page. • This paper is divided into two sections.

In Section A, answer all parts of all questions. In Section B, answer all parts of one question only.

• You must answer the questions in the spaces provided. • Do not write outside the box around each page or on blank pages. • Do all rough work in this book. Cross through any work you do not want to be

marked. • Where appropriate, support your answers by referring to relevant statutes,

cases or examples. Information • The marks for questions are shown in brackets. • The maximum mark for this paper is 90. • In questions 8(d), 8(e), 9(b)(ii) and 9(d)(ii) you will be marked on your ability to: − use good English − organise information clearly − use specialist vocabulary where appropriate. Answer these questions in continuous prose.

Advice • You are advised to spend no more than 45 minutes on Section A and

45 minutes on Section B, and to read through all parts of a question before you start your answer.

Please write clearly in block capitals.

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GCSE LAW Paper 1 The English Legal System

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Section A

Answer all parts of all questions in this section.

Carefully read the questions before you write down your answers.

Where appropriate, support your answers by referring to relevant statutes, cases or examples.

1

In the box below are words or phrases relating to stages in becoming a lay magistrate. You will choose from these words and phrases to answer this question.

STAGES IN BECOMING A LAY MAGISTRATE sworn-in Local Advisory Committee Clerk to the Justices vetted judicial skills ages law degree mentor trainer Lord Chief Justice key qualities characteristics

Read the passage below. Identify the correct stage in the process from the box above. Choose the correct word or phrase to fill in the gaps (a) to (g).

[7 marks]

A person who wishes to become a magistrate must first apply to the

(a) . Its job is to make sure that the

local Bench has a proper mix of (b) , gender and occupational

backgrounds. The person who has applied to be a magistrate will then be invited for

interview. The first interview will be checking that the applicant has six

(c) required. The second interview will be checking

that the applicant has the necessary (d) to sit as a

magistrate. After appointment by the (e) , every new

magistrate will be allocated a (f) , whose job is to guide the

new magistrate during their first year. The last stage in the process is when the new

magistrate is (g) .

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In relation to the criminal justice process, outline the roles, both in and out of court, of duty solicitors and the Crown Prosecution Service (CPS).

[6 marks]

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If a criminal case is adjourned, the defendant will be either:

• released on unconditional bail or • released on conditional bail or • remanded in custody.

Unconditional bail is where the defendant is released with no restrictions, but must come to court when the case is next heard. Conditional bail is where the defendant is released but with restrictions such as:

• residence, at the home address or elsewhere • curfew, between certain hours, usually at night • reporting to the police station, as often as required • a restraining order not to go to certain places or contact certain people.

A remand in custody will be imposed, for example, where the defendant may commit further offences, or may interfere with witnesses, or if the defendant is not likely to attend for the next court appearance, even if bail conditions are imposed.

In both of the following situations, state whether the person should be either:

• released on unconditional bail or

• released on conditional bail or

• remanded in custody. Briefly explain why you have chosen that answer.

3 (a)

Anton has appeared before the Magistrates’ Court, and pleaded guilty to a minor shoplifting offence in his local supermarket. The court has requested a pre-sentence report because Anton has a large number of convictions for similar offences. The case must be adjourned. His solicitor has indicated that Anton has a serious drug habit. Anton has failed to attend court in the past when he was released on bail. His solicitor has applied for bail, but the prosecutor has asked for Anton to be remanded in custody.

[4 marks]

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3 (b)

Bilal has appeared before the Magistrates’ Court. He has been charged with a serious international web-based fraud offence. The case must be sent for trial to the Crown Court where Bilal is due to appear in three months’ time. Bilal’s solicitor has applied for bail for his client, pointing out that Bilal has no previous convictions. Bail has been opposed by the prosecutor who has argued that Bilal has access to both money and friends abroad and that, if he were released on bail, he would be unlikely to return for his trial. The prosecutor has also argued that Bilal could carry on offending from anywhere in the world.

[4 marks]

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The table below refers to the differences between civil law and criminal law. In the spaces marked (a) to (f), write an appropriate word or phrase to show the relevant difference between civil and criminal law. [6 marks]

Civil Law Criminal Law

A civil case involves a wrong committed against the individual.

A criminal case involves a wrong committed against (a)

A civil case is brought to court by the claimant.

A criminal case is usually brought to court by (b)

A civil case involves the defendant being found either (c)

A prosecution involves the accused being found either guilty or not guilty.

A civil case in court must be proved (d)

A criminal case must be proved beyond all reasonable doubt (‘so they are sure’).

Civil trials are usually decided by professional judges.

Verdicts in criminal trials are usually decided by (e)

Successful civil cases involve the granting of a remedy by the court, eg (f)

Successful criminal prosecutions involve the court imposing a sentence on the defendant, eg fines or imprisonment.

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In the box below, there is a list of stages (labelled A to F) which a trainee solicitor usually has to complete before being fully qualified.

List of Stages A A law degree

B The Graduate Diploma in Law

C A training contract

D Legal Practice Course

E Solicitors Regulation Authority

F Enrolled on the Roll of Solicitors

In the box below are descriptions of each of these stages. Match the stages with the

descriptions listed. Write one letter (A, B, C, D, E or F) for each description in the Answer Box below. [6 marks]

Description of the Stages Answer Box

(a) The organisation which all trainee solicitors must register with.

(b) The traditional course studied at University.

(c) The professional course of study which trainee solicitors must pass.

(d) The final stage in the process of becoming a solicitor.

(e) The practical training which all trainees must complete, usually in a solicitor’s office.

(f) The course which trainee solicitors must complete if they are non-law graduates.

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There are basic qualifications for jury service based on age, residence and being on the electoral register. Despite being qualified, some people may be disqualified from jury service; others may be discharged (excused) from jury service and others may be able to defer jury service. Identify:

[6 marks] three groups of people who would be disqualified from jury service

two groups of people who may be discharged (excused) from jury service

one group of people who may be able to defer jury service.

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English law provides a range of sentencing options when dealing with a convicted person in the criminal courts. Outline the sentencing options available and how they can be used in the Magistrates’ Court and in the Crown Court.

[6 marks]

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Section B

Answer either Question 8 or Question 9. Answer all parts of the question you choose.

Carefully read both questions before you make your choice.

Where appropriate, support your answers by referring to relevant statutes, cases or examples.

8

Study the extract below and then answer all parts of the question which follows.

Sources of Law English law can be made or reformed in a variety of different ways. Law-making by Parliament Legislation is law made by Parliament and is the highest (supreme) form of law passed in England and Wales. There is a set process whereby a new piece of legislation passes through both the House of Commons and House of Lords. In both Houses, the new Bill is debated and also carefully scrutinised before eventually receiving the Royal Assent and becoming an Act of Parliament. Law-making by judges Case-law (Common law) is judge-made law. The system of precedent states that when the higher appeal courts in England and Wales, such as the Supreme Court, make decisions, the reasoning behind those decisions are then binding on the lower courts. Precedent operates throughout the court hierarchy. Case-law, supported by the doctrine of precedent, is a vital part of English law, either where Parliament has not legislated or where there is a need for judges to interpret the meaning of an Act of Parliament. Law-making by the European Union European Union (EU) law is the highest-ranking form of law, taking priority over English law where there is a conflict. EU law therefore limits the power of Parliament and can also restrict the power of judges in court.

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8 (a) (i)

Before introducing a Bill into Parliament, the government will often issue both a Green Paper and a White Paper. Briefly explain the purpose of these two documents.

[4 marks]

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8 (a) (ii)

Describe the role of the House of Commons, House of Lords and the Crown in the passing of an Act of Parliament.

[10 marks]

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8 (b) (i)

Briefly explain:

• what is meant by the supremacy of Parliament • how the principle of Parliamentary supremacy is affected by the UK’s current

membership of the European Union. [6 marks]

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8 (b) (ii)

Briefly comment on the advantages of Parliamentary law-making.

[3 marks]

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8 (c)

In relation to the doctrine of precedent, explain what is meant by the following:

• the hierarchy of the courts • binding and persuasive precedent • law reports.

[10 marks]

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8 (d)

Comment on the advantages of the operation of judicial precedent. (Answer in continuous prose.)

[6 marks]

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8 (e)

Comment on the disadvantages of the operation of judicial precedent. (Answer in continuous prose.)

[6 marks]

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9 Study the extract below and then answer all parts of the question which follows.

Civil Courts and Processes Many civil disputes (such as contract and tort claims) can be resolved without having to go to court, through the process of negotiation. This will save the parties the costs they would have to pay to get the matter to court, and also avoids the delays associated with proceedings in court. If the matter has to go to court, the case will be allocated to one of three tracks, depending on complexity and value. Civil procedure is governed by the Civil Procedure Act 1997. Trials will eventually be heard by a District Judge, Circuit Judge or High Court Judge. An important pre-trial issue to consider is access to legal advice and representation, and the means to pay for it. There are several financing options available. These options include government-funded schemes such as: • Legal Help • the use of Citizens Advice Bureau (CAB) • Civil Legal Representation. Other financing options include: • private finance • being covered by an insurance policy • negotiating a conditional fee (no win, no fee) arrangement. Assuming the claim is successful, the claimant will be awarded a remedy by the judge. The two standard remedies in civil cases are damages and an injunction. If, at the end of the trial, either party is unhappy with the outcome of the case, there may be a right of appeal to a higher court, where more senior judges will hear the appeal.

9 (a) Identify both of the following.

9 (a) (i) Two first instance courts that decide civil trials.

[2 marks]

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9 (a) (ii) Two courts that hear appeals in civil cases.

[2 marks]

9 (b) (i)

Outline what is meant by negotiation as a means of alternative dispute resolution.

[4 marks]

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9 (b) (ii)

Outline the advantages and disadvantages of negotiation as a means of dispute resolution. (Answer in continuous prose.)

[5 marks]

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9 (c)

Outline the key features of the Small Claims Track and the key features of the Fast Track.

[5 marks]

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9 (d) (i)

Outline the role of a judge in the following:

• a first instance civil trial and • an appeal in a civil case.

[6 marks]

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9 (d) (ii)

Comment on how successfully judges carry out their role. (Answer in continuous prose.)

[6 marks]

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9 (e)

Describe the ‘standard’ remedies available in a civil case and the circumstances when the judge is likely to grant these remedies.

[5 marks]

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9 (f)

Briefly explain both of the following.

[6 marks] A method by which a claimant may be able to fund legal advice in a civil case.

A method by which a claimant may be able to fund legal representation in a civil case.

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9 (g) Outline the advantages and disadvantages of public funding in civil cases.

[4 marks]

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END OF QUESTIONS

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