Level 2 Award/Certificate/Diploma in Legal Studies Principles of criminal law J/501/5540

Transcription

1 August 2008 Version 1.1 Level 2 Award/Certificate/Diploma in Legal Studies Principles of criminal law J/501/5540 Assignment Version: Sample This guide contains assessor and candidate instructions. Sample/ /08

2 This publication has been developed by CILEx. It is part of the method of assessment for the City & Guilds/CILEx qualifications and whereas CILEx has taken all reasonable care in the preparation of this publication, neither it nor the City and Guilds of London Institute accept any liability howsoever in respect of any breach of the rights of any third party howsoever occasioned or damage caused to any third party as a result of the use of this publication. Copyright CILEx /Sample Page 2 18/08/2008

3 Level 2 Award/Certificate/Diploma in Legal Studies Principles of criminal law Assessor s instructions Assignment number Version Sample /Sample Page 3 18/08/2008

4 Level 2 Award/Certificate/Diploma in Legal Studies Principles of criminal law Notes for guidance This assignment comprises the assessment for the underpinning knowledge requirements for Unit 203 Principles of criminal law. The importance of safe working practices, the demands of the appropriate national and local Health and Safety legislation, associated regulations and Codes of Practice associated with the particular industry, must always be stressed. Candidates have responsibilities for maintaining the safety of others as well as their own. Anyone behaving in an unsafe fashion must be stopped and suitable warnings given. A candidate should never be allowed to continue working on an assignment if they have contravened these requirements. This may seem rather strict but, apart from the potentially unpleasant consequences, each candidate must acquire the habits required for the workplace. The following notes for guidance are provided to assist assessors/tutors in planning the delivery of this assignment to candidates. 1 Location of assignment 1.1 Any suitable location in the workplace or learning environment. 2 Equipment/resources required for this assignment 2.1 No specific equipment or resources are required for this assignment although access to word processing and printer facilities would allow candidates to produce work more efficiently. 2.2 Candidates will need access to the 7462 Level 2 Legal Studies Assignment guide to complete this assignment. 3 Evidence and recording 3.1 All work produced by the candidate should be kept together. The candidate is required to put their name, their City & Guilds registration number, task number and the date on all pieces of work, either handwritten or typed, however they will not be penalised for not doing so. 3.2 Candidates will need to be able to organise their information clearly and coherently. Spelling, punctuation and grammar should be used with considerable accuracy and legal terminology applied where relevant. 4 Time considerations 4.1 This assignment should take no longer than three hours to complete, excluding research activities 4.2 A recommended period of seven days must have elapsed before an unsuccessful candidate can retake a task within this assignment. You should make the candidate aware of your programme s time frame and deadlines for completion of this assignment. Further training/feedback should be given to candidates before a task is retaken. Should a candidate be unsuccessful in more than one task, or a referred assignment, then a new assignment should be taken. 5 Additional information 5.1 Answers given in the marking and grading criteria are indicative of the type of answers candidates should give. They are not definitive /Sample Page 4 18/08/2008

5 Outcomes Task Evidence Outcome reference Underpinning knowledge 1 A flow chart identifying the powers of the police to stop, search and arrest a suspect and notes on the roles of the police and the Crown Prosecution Service from arrest to trial A chart of the criminal courts of England and Wales including the personnel of the Magistrates Court and the Crown Court with supporting notes. 3 A fact sheet identifying elements of actus reus and mens rea in a given scenario. 4 A set of note on how the law on burglary and involuntary manslaughter applies to a given scenario , , 1.2, /Sample Page 5 18/08/2008

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7 Candidate s instructions Assignment number Version Sample /Sample Page 7 18/08/2008

8 Assignment You are advised to read all instructions carefully before starting work. Check with your Assessor/Tutor, if necessary, to ensure that you have fully understood the process. This assignment should take you no longer than three hours to complete, excluding research activities. You are required to work to the time frame and deadlines as set out by your Assessor/Tutor. Introduction This assignment is broken down into four tasks: Task 1 requires you to produce a flow chart which identifies the powers of the police to stop, search and arrest a suspect with some brief explanatory notes on the roles and powers of the police and the Crown Prosecution Service from arrest to trial. Task 2 requires you to produce a chart of the criminal courts of England and Wales including the personnel of the Magistrates Court and the Crown Court with supporting notes. Task 3 requires you to produce a fact sheet illustrates the principle of actus reus and mens rea. Task 4 requires you to produce a set of notes describing the law on burglary and involuntary manslaughter in relation to a given scenario and determine if they would be guilty or not guilty. Note You will need access to the Assignment guide to enable you to complete this assignment. You should read through the instructions for each task carefully before you start. Make sure you do everything you are asked to do in the instructions and other notes. When you have completed all the tasks, re-read the instructions again just before you proof read your work for the last time. Ensure your name, your City & Guilds registration number, task number and the date are on all documentation. At the conclusion of the task/assignment, hand all paperwork to your Assessor/Tutor /Sample Page 8 18/08/2008

9 Scenario You are working as a trainee legal assistant in the criminal department of the Birmingham office of Ingram Lochee & Exton a firm of solicitors. You are told by your principal, Mrs Lochee that she has received a request from the Head of Year 11 of a local secondary school to give a short talk to Year 11 students. Mrs Lochee tells you that she has invited 12 students and the Head of Year into the office to see how a modern solicitors firm functions and has agreed to give a presentation on various aspects of criminal law. The date is just two weeks away and she needs your help in planning the talk. Task 1 a) Mrs Lochee asks you to prepare a flow chart which identifies the powers of the police to stop, search, and arrest a suspect. She also wants you to prepare separate notes briefly describing these powers. b) Additionally, she tells you, that she would like some explanatory notes suitable for a presentation on the role of the police in detaining suspects in the police station, and granting or refusing police bail. You should give no more than three examples for each stage of the process. Task 2 a) In order to explain the powers and role of key legal personnel, Mrs Lochee asks you to prepare a chart of the criminal courts of England and Wales which clearly shows the structure of the courts in relation to each other, and the routes of appeal. b) She would also like you to prepare a set of supporting notes describing the role of key personnel in the following courts Magistrates Court Crown Court /Sample Page 9 13/03/2008

10 Task 3 Mrs Lochee thinks it would be ideal if she could explain the key elements of criminal liability in a way that will be entertaining for the students. She asks you to produce a factsheet identifying the elements of actus reus and mens rea for each offence in the following scenario: Edward attends the local comprehensive school which has just had a new extension built. He disliked the clean look of the walls so he took a can of spray paint, without paying, from the local hardware shop and covered the wall with graffiti. He was subsequently charged with theft and criminal damage. Identify the relevant statute where appropriate. Task 4 To demonstrate the law on burglary and involuntary manslaughter, Mrs Lochee asks you to research the law on the following scenario and come to a conclusion as to whether you think offences have been committed and if so which, giving reasons for your answers. Alf is walking home early one morning when he sees an open window of the local rugby club building. He climbs in and as he does so, knocks a gas valve with his foot. He smells the gas but ignores this as he sees the till open containing change. After he has emptied the till he leaves closing the window behind him and the building fills with gas. James the caretaker arrives later and switches on the light causing a massive gas explosion which kills him. Produce your conclusion as a set of notes /Sample Page 10 13/03/2008

11 Marking & grading criteria (Not to be shown to candidates until grading is complete) Assignment number Version Sample Candidate name: Enrolment no: I confirm that all work submitted is my own Signature: Date: Pass / Merit / Distinction / Resit Assessor name: Signature: Date: Internal Quality sampled by: Signature: Date: /Sample Page 11 18/08/2008

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13 Each of the following points should be ticked if satisfactorily met and crossed if not. If a point does not apply it should be crossed through and annotated with reasons why it is not applicable. Answers given in the marking and grading criteria are indicative of the type of answers candidates should give. They are not definitive. Professional judgement should be used. All cases cited are examples only unless specified as established principle. To achieve a Pass, candidates must meet all criteria shown as and 29 of the criteria shown as To achieve a Merit, candidates must pass all the tasks and meet at least 35 of the criteria shown as To achieve a Distinction, candidates must pass all the tasks and meet at least 39 of the criteria shown as Task Marking criteria Marking Task 1 All parts of Task 1 completed. Spelling, punctuation and grammar is used with considerable accuracy and legal terminology applied where relevant. a) Flowchart and set of notes produced on the powers of the police to stop, search and arrest a suspect: Power to stop: Identified the powers of the police to stop a person in the street. Explained that the street covers all places to which the public have access, eg parks, libraries, hospitals, colleges Stated that the powers are governed by sections 1-7 Police and Criminal Evidence Act 1984 (PACE) and Codes Stated that the police officer must have reasonable suspicion that a crime has been committed Power to search a person: Explained that the powers to search a person in the street are the same as the powers to stop a suspect: remove outer clothing; /Sample Page 13 18/08/2008

14 Task Marking criteria Marking empty pockets; record of search Power of arrest: Stated that police can arrest with a warrant or without a warrant under section 24 and 25 PACE Explained that the suspect must be: told the reason for the arrest; given the caution; taken to the designated police station as soon as is reasonably practicable; and told that reasonable force can be used, if necessary. b) Notes produced on the role of the police on: Detention in the Police Station Explained that the suspect has a number of rights whilst being detained Three examples identified eg: time limits, availability of legal advice, caution, tape and visual recordings, breaks. Stated the suspect can be searched, non-intimate samples taken Bail Explained that the police have the power to grant or refuse bail with a strong presumption of bail being granted. Identifed three examples for refusal eg: that the suspect may abscond, commit an offence whilst on bail, interfere with witnesses or pervert the course of justice or it is necessary for his own protection Explain that the police have to give reasons for not granting bail Identified three examples eg: the nature and seriousness of the offence, the character, age associations and community ties of the suspect, their previous bail record, the strength of evidence /Sample Page 14 18/08/2008

15 Task Marking criteria Marking To pass Task 1, candidates must meet all criteria shown as and 15 of the criteria shown as Pass / Refer No of O Candidate s name: Date: Assessor s name: Assessor s signature: /Sample Page 15 18/08/2008

16 Task Marking criteria Marking Task 2 All parts of Task 2 completed. Spelling, punctuation and grammar is used with considerable accuracy and legal terminology applied where relevant. a) Chart produced correctly identifying court structure, key legal personnel and routes of appeal Magistrates Court- Justice of the Peace, Clerk, Solicitor Crown Court Judge, Jury, Barrister Routes of appeal b) Supporting notes produced describing roles of identified personnel: Magistrates Court Justice of the Peace decides guilt or innocence; passes sentence Clerk advises on points of law Solicitor defends or prosecutes; role of advocate Crown Court Judge presides over case; passes sentence Jury decides guilt or innocence Barrister defends or prosecutes To PASS Task 2, candidates must meet all criteria shown as and 7 of the criteria shown as Pass / Refer No of O Candidate s name: Date: Assessor s name: Assessor s signature: /Sample Page 16 18/08/2008

17 Task Marking criteria Marking Task 3 All parts of Task 3. Spelling, punctuation and grammar is used with considerable accuracy and legal terminology applied where relevant. Factsheet produced identifying and explaining elements of actus reus and mens rea for each offence: Theft: actus reus appropriation of property belonging to another mens rea dishonest intention to permanently deprive property of another - belief of consent negates mens rea - belief that true owner of property cannot be found - belief that you have a right to the property Criminal damage actus reus damage or destruction of property - temporary damage - Criminal Damages Act 1971 mens rea intention to cause damage or destruction to property belonging to another or being reckless in relation to such an act belief of consent negates mens rea To pass Task 3, candidates must meet all criteria shown as and 4 of the criteria shown as Pass / Refer No of O /Sample Page 17 18/08/2008

18 Candidate s name: Date: Assessor s name: Assessor s signature: /Sample Page 18 18/08/2008

19 Task Marking criteria Marking Task 4 All parts of Task 4 completed. Spelling, punctuation and grammar is used with considerable accuracy and legal terminology applied where relevant. Notes produced identifying the offences of burglary and involuntary manslaughter: Burglary identified the element of trespass identified the element of appropriation Involuntary manslaughter assumption of duty of care and breach of that duty gross negligence (i.e. omission to turn off the gas) foreseeable consequences To pass Task 4, candidates must meet all criteria shown as and 3 of the criteria shown as Pass / Refer No of O Candidate s name: Date: Assessor s name: Assessor s signature: To achieve a Pass, candidates must meet all criteria shown as and 29 of the criteria shown as To achieve a Merit, candidates must pass all the tasks and meet at least 35 of the criteria shown as To achieve a Distinction, candidates must pass all the tasks and meet at least 39 of the criteria shown as Total No of O Pass / Merit / Distinction /Sample Page 19 18/08/2008

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