A-level Law. LAW01 / Unit 1 Law making and the Legal System Report on the Examination. (2160) June Version: 0.1

Transcription

1 A-level Law LAW01 / Unit 1 Law making and the Legal System Report on the Examination (2160) June 2014 Version: 0.1

2 Further copies of this Report are available from aqa.org.uk Copyright 2014 AQA and its licensors. All rights reserved. AQA retains the copyright on all its publications. However, registered schools/colleges for AQA are permitted to copy material from this booklet for their own internal use, with the following important exception: AQA cannot give permission to schools/colleges to photocopy any material that is acknowledged to a third party even for internal use within the centre.

3 LAW01 June 2014 General The standard of answers was generally high. A majority of students appeared to be well prepared and many accurate and quite detailed responses were seen. However, where questions on a topic area were legitimately framed in a slightly different format, students were less able to answer these well. This was particularly evident for questions 14, 15 and 21. It appears that students are generally thorough in learning specific materials that they expect to be relevant and to which 'standard' answers are prepared. However, they are less ready, or able, to adapt to legitimate questions on their chosen topic which may be framed in a slightly different manner on the paper. Centres need to ensure students are sufficiently well prepared to answer all possible questions within the topic area studied, as guided by the specification coverage. Reliance on 'rote' learning should be discouraged in favour of developing a good understanding of the topics selected, and hence being able to tackle the particular nuances of the questions on the paper. As always, the best responses to evaluative questions showed evidence of real understanding, supported by evidence. As in previous series, students from each centre tended to focus on particular topics. As a result, many answers had uniformity of content and the order in which points and information were introduced was very similar. There seemed to be a more even coverage of topics from Sections A and B, and it was particularly pleasing to see some more students attempting the topic of the legal profession and other sources of advice and funding. In Section A, the questions on delegated legislation and statutory interpretation appeared to be the most popular. In Section B, the questions on criminal courts and lay persons were overwhelmingly the most popular, but the civil courts questions were attempted by quite a number of students. Overall, fewer students appeared to use examples or evidence to support their answers. This was particularly evident in the evaluation answers. Many students were able to write detailed and thorough responses to the first two questions on each topic, with much briefer and less detailed answers to the evaluative questions. It was noticeable that there was a general lack of effectivelyused legal authority (cases) to support many answers. 3 of 20

4 Section A Law Making Parliamentary Law Making Question 01 In this question, students were required to describe the law-making process in Parliament. This required a description of the law making procedure in the House of Commons and in the House of Lords. The procedure in the Commons could have covered the order of readings First and Second Readings, the Committee Stage, the Report Stage and the Third Reading, including what happens at each of these stages. The description of the procedure in House of Lords could have included reference to the role of the House of Lords as a revising chamber, the various stages and any comparison with the Commons, especially the Committee Stage, the ping pong procedure and the effect of the Parliament Acts, as well as reference to the constitutional role of the Queen in Parliament and the effect of the Royal Assent. Credit was given for reference to the introduction of a Bill by a minister or promoter and the different forms of bills (Private, Public and Private Members). This question was generally answered well, with many students scoring high marks. The parliamentary process in the House of Commons was often explained well, though a significant number of answers included reference to Green and White Papers, which is not relevant to the law- making procedure in Parliament. Others spent a considerable time detailing the introductory first Reading stage at the expense of some of the more important later stages. The different procedures and powers of the House of Lords, and the effect of the Royal Assent, were generally well known, though weaker answers tended to gloss over the procedures in the upper house and refer only to the effect of the Royal Assent. Question 02 Students were required to describe the influence on Parliament of any one of the following: the Law Commission, or the media, or pressure groups. A description of the Law Commission as an influence could have included reference to who sits on the Commission, how an issue is chosen and then investigated, its role in codifying law (with possible reference to an example such as the recommendation for codifying criminal law the Offences against the Person Act 1861), its role in consolidating law (with possible reference to examples such as the Powers of Criminal Courts (Sentencing) Act 2000 or the Fraud Act 2006) and its role in recommending the repeal of old law, with possible examples. This was a reasonably popular option and many, generally accurate, answers were seen detailing the roles of the Commission. However, it was often stated that the Commission could change, introduce or repeal laws, whereas its role is to recommend to Parliament, and for Parliament to decide whether to act on the recommendations. A description of the media as an influence could include reference to who are the media, how media can influence Parliament with reference to campaigns and specific events, when they can influence and the effect of an influence whether the campaign was successful or not. 4 of 20

5 Answers to this option tended to be general in nature and could drift into discussion of pressure groups. Reference was often seen to the introduction of the Dangerous Dogs Act and the Sara Payne campaign to name and shame paedophiles. However, weaker answers did not link the influence of the media to Parliament. Social media was at times identified as a media source, though no real examples of its influence were seen. A description of pressure groups as an influence could have included reference to a description of what pressure groups are, including reference to the different types of group (insider and outsider, sectional and cause groups), how, when and whom they can influence and the effect of such influence, perhaps by reference to campaigns or example(s) such as Snowdrop or Fathers4Justice. This appeared to be the most popular option and answers were generally accurate when describing the different types of group. However, they were less strong on suggesting how groups influence, and particularly how they can influence Parliament, as opposed to government. Question 03 Students were required to briefly discuss advantages and disadvantages of the influence on Parliament that was described in answer to the previous question. Advantages of the Law Commission could include reference to the facts that Commissioners have considerable legal expertise; their reports are well informed and researched and are based on considerable evidence; the Law Commission is independent and non-political; and that a draft law is presented with their report. Disadvantages of the Law Commission could include points such as only a small percentage of their reports are accepted and acted on by Parliament; their lack of power, as there is no obligation on Parliament or government to consult the Law Commission before any new law is introduced; their investigations can be lengthy; and several areas of law are investigated at one time, so investigations may not be completely thorough. Generally, those who covered this influence were able to write with authority and use examples of the success or failure of the Law Commission as an influence on Parliament. The Fraud Act 2006 and the Occupiers Liability Act 1984 were often quoted as successes. Advantages of the media as an influence could include reference to the raising of an issue of public concern with decision makers; that the media can support pressure groups in their campaigns; and that they can generate public support. Disadvantages of the media as an influence could include reference to them creating a panic that results in knee jerk legislation such as with the Dangerous Dogs Act; they may represent only a small percentage of the population; and they may not be able to influence Parliament effectively. Most of those who covered this influence were able to write with some authority, using well-known examples of the Dangerous Dogs Act and naming and shaming of paedophiles to show the success of the media as an influence on Parliament. Disadvantages tended to concentrate on knee jerk legislation. Advantages of pressure groups could include reference to points such as: the raising of public awareness of an issue and keeping Parliament and individual MPs in touch with issues of public concern. many groups are non-political but can influence all political parties they are likely to be experts on their issue 5 of 20

6 for some groups, such as the National Trust or TUC, the size of their membership means they can be representative of general public and be more influential, as they will have large budgets and be able to afford media campaigns some groups such as Greenpeace can provide international experience and contacts insider groups can have the ear of decision makers and can be consulted on proposed legislation and changes they are likely to be more successful if they have media support. Disadvantages of pressure groups could include points such as: they are undemocratic as their leaders are unlikely to be elected by membership they are not likely to be objective and will only provide one side of an argument outsider groups can use undesirable or illegal tactics to get publicity and to promote their view they can represent small number of members and have limited funds outsider groups are unlikely to be consulted or influence decision makers they are unlikely to be successful if there is no media support for their issue. This question was generally well answered. Many students described the different types of pressure group with examples and outlined ways in which they try to influence legislation. Stronger answers gave examples of successful pressure group campaigns such as the League Against Cruel Sports leading to the passing of the Hunting Act 2004 and Jamie Oliver s campaign leading to a change in school eating habits. The strongest answers were able to distinguish between different groups such as insider groups, with direct access to law makers, and those who, for various reasons, have relatively little influence. Weaker answers tended to describe pressure groups generally, with limited examples of specific campaigns or who, or how, they can influence. 6 of 20

7 Delegate Legislation Question 04 Students were required to outline both by-laws and Orders in Council. An outline of by-laws could have included how they are made under delegated powers given by Local Government Act 1972 or some other relevant statute and approved by a government minister. They may be made by a local authority or by some other bodies such as train or bus companies. Sadly, many answers on by-laws still referred to the Dogs (Fouling of Land) Act As has been stated several times previously, this Act has been repealed and replaced by the Clean Neighbourhoods and Environment Act Further, many answers referred to Acts such as these as forms of by-laws, though it is regulations made under these Acts that are in fact the bylaws. Some answers were unable to refer to by-laws made by private companies such as bus and train providers, or if these were mentioned, to give limited detail. The outline of Orders in Council could include reference to the fact that they are made by the Privy Council; who sits on the Privy Council and when it meets; that they may make Orders for emergencies; that they can make Orders when Parliament is not sitting; that they can be used to transfer responsibilities between government departments and to implement European Directives. Generally, most answers were able to cover most of these points but the examples in support were often inaccurate. For example, there was often reference to the Terrorism Act or the United Nations Act, rather than these pieces of primary legislation being the authority for the making of Orders in Council. This part of the question often received quite broad answers, though many weaker answers wrote more effectively about Orders in Council than on by-laws. Question 05 This question required an explanation of Parliamentary controls on delegated legislation. As is known, these forms of control are separate from judicial controls, though many answers referred to aspects of judicial control, especially ultra vires. Answers could have included reference to the affirmative and negative resolution procedures and how they work, the possibility of repealing primary legislation, the work of scrutiny committees and the asking of questions to the relevant minister. For the well-prepared student, this was a straightforward question. There were some good answers from students who clearly understood the different parliamentary controls. However, some answers were rather general or were confused on the details of negative and affirmative resolutions. Some students covered a narrow range of controls and others talked about issues like publication or the power of ministers to approve by-laws, which are not parliamentary controls. Some students wrote about judicial rather than parliamentary controls, which could receive no credit. Question 06 In this question, students were required to discuss disadvantages of delegated legislation. This could have included points such as: it is undemocratic the volume, especially statutory instruments the lack of publicity as compared to primary legislation 7 of 20

8 the need for control the possibility of limited scrutiny (perhaps because of the volume) the length and expense of judicial review. Answers to this were often a little disappointing, with limited evidence or examples in support. Most answers cited the undemocratic nature of much delegated legislation and referred to subdelegation and to lack of effective controls. Many also referred to volume and lack of publicity, but some answers also talked about complex language, which is not really a specific criticism of delegated legislation, but applies equally to statutes. Some answers included coverage of advantages which clearly showed that the question had not been read accurately. 8 of 20

9 Statutory Interpretation Question 07 In this question, students were required to explain the mischief rule. This could have included: reference to judges looking at the rules from Heydon s case: - what was the old (common) law - what was the mischief (defect) in that law - how did Parliament intend remedying that defect - a judge then gives effect to that intention a case illustration a recognition of the mischief addressed by the result of the case. Many answers made reference to Heydon s case as a means of discovering the intention of Parliament. Most answers referred to Smith v Hughes as a case example. Also seen was an explanation of RCN v DHSS, Stirling v Eastbourne Borough Council and, in some cases, DPP v Bull. To achieve the highest marks, students needed to go beyond the facts of these cases and to show how the case illustrates the mischief rule being applied by the court. Many answers were unable to take this final step. There were also a significant number of disappointing responses, in which students displayed confusion or lack of knowledge, particularly referring to aspects of the golden rule and cases associated with that rule. Question 08 In this question, students were required to outline the purposive approach to statutory interpretation and to outline the ejusdem generis rule. An outline of the purposive approach could have included reference to: judges finding the purpose or intention of Parliament it is an EU, broad, approach to statutory interpretation where relevant, applying Human Rights Act to legislation. Case examples such as Jones v Tower Boot Co or RCN v DHSS could have illustrated the approach. As with the previous question, answers concentrated on the facts of a case and did not take the final step to show how it illustrated the approach. An outline of the ejusdem generis rule could have included that general words following specific words are interpreted in line with the specific words. The most common case example used in support was Powell v Kempton Park Racecourse, though with varying degrees of accuracy in illustrating how the rule was used in this case. Allen v Emmerson was sometimes referred to, though few indicated that this case was an exception to the rule. Question 09 In this question, students were required to briefly discuss advantages and disadvantages of either the mischief rule or the purposive approach. A brief discussion of advantages of the mischief rule could have included points such as: it avoids absurd or unjust outcomes that might arise using the literal rule such as in Berriman v LNER 9 of 20

10 it is flexible, allowing the law intended by Parliament to apply, such as in Smith v Hughes judges can fill in the gaps in legislation to arrive at the right or just result as in Bull v DPP judges cannot be criticised for trying to find Parliament s intention and making law judicially the rule allows judges to update law to take account of changing social conditions it is a preferred method of the Law Commission. A brief discussion of disadvantages of mischief rule could have included points such as: using the rule gives too much power given to an unelected judiciary and for judicial law making. As a result, it is said to be undemocratic. This could be illustrated by reference to cases such as RCN v DHSS or Smith v Hughes it may be difficult to find the mischief in an Act and it can be hard to find Parliament s intentions it can lead to unpredictable results it is said to be an outdated rule not fit to deal with current issues. A brief discussion of advantages of purposive approach could have included points such as: the breadth and flexibility of the rule its use involves the judiciary in the wider context of the law which may incorporate concerns of government, Parliament and general public it encourages a willingness to consider the work of the Law Commission judges may benefit from external considerations such as the views of leading academics it is more likely to respect the general wishes of Parliament it is a modern approach and closer to the European approach. A brief discussion of disadvantages of the purposive approach could include points such as: use of rule does not respect the sovereignty of Parliament it takes judges away from the specific words used in the legislation judges are not elected it allows judges too much power and creativity it allows judges to take matters into their own hands without the need to refer the matter to Parliament. Most students were able to discuss some relevant advantages and disadvantages of their chosen rule, though often points were more of a list and were not supported by evidence or cases. Responses tended to make the same points whichever rule/approach was chosen. Many students cited literal rule cases and argued that the mischief/purposive approach would have produced a better outcome. Most responses identified as a disadvantage a lack of respect for the sovereignty of Parliament, but some students tried to argue at the same time that the rule respected the intentions of Parliament. These points required further development and clarification, but few responses provided it. 10 of 20

11 Judicial Precedent Question 10 In this question, students were required to briefly explain both the hierarchy of the courts and obiter dicta. A brief explanation of hierarchy of courts could have included reference to: an outline of court structure (either civil and/or criminal not necessarily both) which courts bind others which courts are bound the need for hierarchy. A brief explanation of obiter dicta could have included points such as: its meaning of other things said by the way it is the non-binding part of the decision which does not have to be followed by other judges it may be persuasive. When describing the hierarchy, it was evident that some of the answers did not refer to precedent. Instead, it was answered as a question on the work of the civil and/or criminal courts. Some students focused exclusively on describing the order of courts rather than considering the significance of the order and the idea that higher courts bind lower courts. Unusually, students often did not explain court hierarchy very well and covered, in detail, discussions of the Practice Statement and the powers of the Court of Appeal to depart from precedent. In some answers, understanding of obiter dicta was unclear. However, stronger answers clearly explained all relevant points and illustrated the answer by reference to cases such as Howe, Wilson and DPP v Smith. Some answers tended to concentrate on explaining the ratio of a case. Well done, this could have enhanced the understanding of the obiter. Question 11 In this question, students were required to describe how judges can use both distinguishing and overruling to avoid following a binding precedent. A description of how judges can use distinguishing could have included: what is distinguishing which court(s) can distinguish when a court can distinguish - in the context of an earlier decision in a different case. Answers should have been illustrated using a case example such as Balfour and Merritt or Brown and Wilson. A description of how judges can use overruling could include: what is overruling which courts can overrule 11 of 20

12 when a court can overrule a previous decision. Again, answers should have included a case example such as Hedley Byrne v Heller and Partners which overruled Candler v Crane Christmas. There were many good responses, especially those explaining distinguishing. Most students could use an appropriate case example the most common being Balfour v Balfour which was distinguished in Merritt v Merritt. Occasionally, reference was made to R v Brown which was distinguished by the Court of Appeal in R v Wilson. Weaker responses made reference to which courts can distinguish a previous decision. As in previous papers, some answers, when explaining overruling, referred to a higher court overruling a decision of a lower court in the same case. This is reversing, not overruling, and is a different concept which could not be credited. It was pleasing to see a greater awareness that the use by the Supreme Court (formerly House of Lords) of the Practice Statement is a form of overruling of its own decisions. Many answers used Herrington as an example of this power. Some answers used Shivpuri or Pepper v Hart in addition. Question 12 In this question, students were required to discuss disadvantages of judicial precedent. This discussion could have included points such as: it can be said to be undemocratic it requires a case having to come to the higher courts in some judgements, there may be multiple reasons for a decision which can lead to confusion on the part of later lawyers and judges there may be difficulty in identifying ratio the number of precedents overall and possible diversity of law reporting. Stronger answers were well informed but some students seem to have difficulty developing or illustrating their points with cases, even though this should be one of the most obvious answers in which to use them. This question did not present any difficulties for well-prepared students and a variety of disadvantages were commented on. Lack of democracy was often mentioned though few students went further than an assertion that judges are unelected. Some answers included coverage of advantages which again clearly showed that that the question had not been read accurately. 12 of 20

13 Section B The Legal System The Civil Courts and other forms of dispute resolution Question 13 This question required students to describe arbitration as a form of alternative dispute resolution. The description could have included points such as: the qualification of arbitrator how arbitration can come about (from a (Scott v Avery) clause in the agreement) types of cases dealt with, such as mobile phone and package holiday contracts the nature of hearing - oral or written statements potential outcomes limited possibility of an appeal the enforcement of award. There were some good responses to this question, which should have presented few difficulties to well-prepared students. However, some answers confused the system of arbitration with mediation, conciliation and/or tribunals and some considered that arbitration is a preliminary hearing to a full court hearing. However, surprisingly few responses referred to the broad categories of cases likely to be heard by arbitration, such as commercial and consumer arbitrations, though most were able to say something about the process and refer to Scott v Avery clauses in a contract. Question 14 In this question, students were required to outline both the civil courts, including appeal courts that can hear a civil claim for compensation, and the process of mediation as an alternative method of dispute resolution. An outline of courts hearing a civil claim could include trial courts - the Small Claims Court, the County Court or the High Court QBD - depending on the amount of the claim. Answers often referred to the different tracks within these courts and this was credited. Appeal courts are the Court of Appeal and the Supreme Court. Grounds for appeal and the orders that are available to the appeal courts was also credited. Many students seemed confused as to what was required by this question and dealt with the types of cases that could be heard in all civil courts, especially the Family and Chancery divisions of the High Court. A significant number of answers incorrectly referred to magistrates and crown courts. However, stronger answers were able to give accurate detail of the financial limits of each trial court, the judges who hear cases and possible grounds for appeal. Many students still used the old financial limits for small claims and fast-track procedures. An outline of mediation could include reference to: how the process comes about who can acts as a mediator the types of cases dealt with, such as family disputes, neighbour disputes or small claims 13 of 20

14 the nature of the mediation process the outcome of mediation, including any subsequent court hearing and the lack of any appeal. Answers to this part were generally stronger, with most students identifying the non-binding nature of mediation, the procedure and the types of cases it is used in. Question 15 This question required a brief discussion of advantages and disadvantages of using civil courts to deal with a claim of negligence. Possible advantages could include points such as: a resolution by an impartial tribunal the authority of the civil courts legal expertise of judges and lawyers a hearing of all relevant evidence a possible public hearing a certain outcome as a court has to come to a decision which is then enforceable the right of appeal against the trial court verdict. Possible disadvantages could include points such as: the cost of the proceedings and possible award of costs against the loser the formality a possible lack of legal representation and, as a result, an imbalance between the parties (lack of) speed and efficiency of process the preservation of any relationship between the parties may be affected a lack of convenience as there will be fixed court dates and times the very procedural nature of process any likely (adverse) publicity. This question was generally well answered, with most students able to offer some relevant comments. Points commonly seen as advantages were expertise, a definite and enforceable outcome and a right of appeal. Disadvantages were often less well developed. It was surprising that few answers referred to the well-known rule that the loser pays the winner s costs which must act as a disincentive to many civil court actions. Some students appeared to have misread the question and answered advantages and disadvantages of ADR rather than use of the civil courts. Weaker answers failed to identify relevant advantages or disadvantages. Some answers used virtually the same points (cost and time) as both advantages and disadvantages, while other answers seemed to be talking about the civil courts as alternatives to the criminal courts. 14 of 20

15 The Criminal Courts and lay people Question 16 This question required a description of the qualification, selection and appointment of lay magistrates. This could have included points such as: for qualification the age requirements, that candidates live or work within an area of the court and that candidates need to respond to an advert for selection this is done by a by local advisory committee who assess in interviews the candidates key (personal) qualities Appointment suitable candidates are recommended to the Minister of Justice by the Local Advisory Committee. Factors such as the balance and requirements of bench are taken into account. Background checks are carried out and following all this, there is a formal appointment by Lord Chancellor/Minister of Justice on behalf of the Queen. Reference to disqualified groups, such as those with criminal records or bankruptcy, training of successful candidates and swearing-in were also credited. Some answers gave considerable detail about training. Some students appeared to confuse the qualification and selection requirements with juries especially when referring to age limits and the electoral roll. As with the next question, there is obviously some confusion between the different requirements of lay persons. Question 17 This question required an explanation of the role of jurors in a Crown Court trial. This could have included points such as: the initial swearing in listening to the evidence, any cross-examination of witnesses and a summing up by prosecution and defence at the end of the evidence, listening to the judge s summing up of the evidence and the relevant law retiring to the jury room to have a secret discussion and come to a unanimous or majority verdict a public announcement of their verdict by the foreman in open court, though no reasons for the verdict have to be given. Generally answers were not as accurate or detailed as had been expected. It would appear that many students were barely aware of the general role of a jury and had not watched or taken note of the You Tube video Your role as a juror prepared by the Ministry of Justice. It was often thought that juries have their own legal adviser the court clerk - who retires with them. Along with the previous question it appears there is some confusion between the roles of lay magistrates and jurors. Some answers focussed on research by jurors, which although topical, is not wholly relevant to their work in a trial. Few answer highlighted the general role that juries decide on the facts in a trial. Weaker answers brought in irrelevant material on how juries are chosen or their advantages or disadvantages. 15 of 20

16 Question 18 This question required a discussion of disadvantages of using either jurors or lay magistrates in the criminal justice process A discussion of disadvantages of use of jurors could include points such as: returning of perverse verdicts such as in Ponting possible bias and selection issues influence within jury such as in Young media pressure as in West complexity of issues as in the recent phone tapping case how juries reach their verdicts again as in Young. A discussion of disadvantages of use of lay magistrates could include points such as: inconsistent sentencing feelings of possible bias towards police or prosecution make-up of the panel and selection issues influence by the clerk or within the panel complexity of issues. Again, there were many strong answers to this question. The strongest points were supported with a case or example. Reference to Young, Ponting, Owen and the Taylor sisters was often seen to support points about jury trials, though points about magistrates were often unsupported. Weaker answers tended not to distinguish between jurors and lay magistrates and/or did not support a point with any example or authority. Weaker answers were also likely to be brief and generalised and based on assertion rather than evidence. Unfortunately, many responses dealt with advantages, which could not be credited. 16 of 20

17 The Legal Profession and other sources of advice, and funding Pleasingly, this appeared to be a slightly more popular topic than in previous sessions and many students appeared to be well prepared, especially for question 19. Question 19 In this question, students were told that Alan intends to make a claim for negligence. They were required to outline where he could obtain legal advice and how his claim could be paid for. An outline of possible sources of advice could include reference to: solicitor Community Legal Service CAB or other charity claims company internet trade union insurance company motoring organisation. Credit was also given for other credible sources of advice. An outline of how the claim could be paid for (or financed) could include reference to: State-funded Legal Help private funding no win-no fee conditional fees via insurance policy, via union membership. There appeared to be fewer weaker responses and less confusion between civil and criminal advice and funding. Many answers were able to suggest and outline several sources of advice and ways of funding. Many answers showed good awareness of how no win-no fee arrangements work, though many did include considerable detail of state funding, which, teachers will be aware, has almost entirely been removed from civil negligence claims. Question 20 In this question, students were required to outline the training and qualification of both solicitors and legal executives. An outline of the training and qualification of solicitors could include reference to: obtaining degree in Law or obtaining degree in another subject followed by GDL studying the LPC course, with possible reference to the content of the course training contract and the skills acquired admittance to, and enrolment in, the Law Society. An outline of training and qualification of legal executives could include reference to: the initial CILEX Level 3 Professional Diploma in Law and Practice with reference to the content of the course the subsequent CILEX Level 6 Professional Higher Diploma in Law and Practice with reference to the content of the course 17 of 20

18 an alternative qualifying law degree leading to the CILEX Graduate Fast-track Diploma with reference to the content of course that trainees study alongside qualifying employment required membership of CILEX. For many students, the outline of solicitors qualifying routes posed little difficulty and some accurate detail was regularly seen. However, the same could not be said of the qualification route for legal executives and few accurate or detailed responses to this part were seen. Centres should be reminded of the need to cover all parts of the specification for each topic. Question 21 In this question, students were required to compare and contrast the roles of defence solicitors and defence barristers in a Crown Court criminal case. This could be divided into: pre-trial issues such as: o initial instruction of barrister by solicitor; initial researching and obtaining evidence by solicitor rather than barrister; liaising with CPS over charges, witnesses, evidence to be used at trial, date and procedure at trial by either solicitor or barrister o initial Magistrates Court hearing for consideration of bail/custody, legal representation and referral to Crown Court usually covered by solicitor though could be covered by barrister o plea and directions hearing at Crown Court usually covered by barrister with support of solicitor conduct of trial which could include o general advocacy in court o examination and cross-examination of witnesses usually performed by barrister (and/or QC) though could be covered by solicitors with extended rights of audience. Material on advice and conduct of a possible appeal was also credited. Many students did not appreciate the significance of the question requiring a focus on a Crown Court criminal trial. As a result, answers tended to give general coverage on the difference between the work of barristers and solicitors, the type of work carried out (often the preparation of wills and conveyancing done by solicitors) and where they practised, which could not be credited. 18 of 20

19 The Judiciary In this series, so few students attempted this topic that it is difficult to comment on responses to individual questions. For weaker students, answers tended to be brief with little accurate content. For well-prepared students, it was possible to demonstrate a good level of knowledge and score high marks on all questions. Question 22 This question required a description of how judges are trained. This could have included points such as: training being responsibility of Judicial Studies Board the provision of initial practical training, such as how to run a court, sitting with experienced judges and visits annual continuing training and induction courses when receiving new responsibilities regular mentoring scheme. Question 23 This question required an explanation of how judges could be dismissed. This could include points such as: the powers of Lord Chief Justice, in conjunction with Lord Chancellor and Secretary of State for Justice, in cases of incapacity and misbehaviour for inferior level judges the need for a parliamentary petition for considering dismissal of superior level judges. Credit was also given for coverage of: expiry of fixed term appointments reference to suspension reference to role of Office for Judicial Complaints for the public to make complaints about individual judges. Question 24 This question required a discussion of why it should be difficult to dismiss a judge. Answers could include points such as: the need for judicial independence freedom to make the just decision freedom from influence of the parties, advocates, press and government upholding the Rule of Law maintaining public confidence in law and judicial system. 19 of 20

20 Mark Ranges and Award of Grades Grade boundaries and cumulative percentage grades are available on the Results Statistics page of the AQA Website. Converting Marks into UMS marks Convert raw marks into Uniform Mark Scale (UMS) marks by using the link below. UMS conversion calculator 20 of 20