Barnet College Subject Handbook AS /A Level Law
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Contents Welcome
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A Level Programme
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A Level Grades
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Web Sites
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AS Scheme of Assessment
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AS Unit English Legal System
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AS Unit Sources of Law
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A2 Scheme of Assessment
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A2 Unit Criminal Law
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A2 Unit Criminal Law Special Study
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WELCOME
The Law team would like to take this opportunity to welcome you to Barnet College. We hope that you will find your study of law both enjoyable and challenging. Please regularly access the Moodle to visit the AS / A Law Home Page which has all lecture handouts and web based resources. We will do all that we can to enable you to achieve a successful outcome to the course. Tutor: Yasmin Ali Khan
If you have any queries please contact Yasmin Ali Khan on 0208 275 3902 or email yasmin.alikhan@barnetsouthgate.ac.uk
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A Level Programme
1. During this programme we expect you to: a) Attend regularly and be punctual b) Complete all set work to a high standard c) Submit all homework by deadlines d) Pass all internal exams to a high standard
2. Work Policy a) You are expected to do reading and note taking on topics discussed in class. b) Essays and homework are set at regular intervals and for each topic. c) Class work and timed essays will be set. Work to be done in holiday weeks will also be set. d) Homework must be completed and given in to tutors by set dates. e) Homework and exam scripts will be returned and discussed with you. Marks and Grades awarded will be explained.
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3. Examinations - Year One a) Internal – Various b) External – January and May c) Entry to the External Examination At the beginning of the Spring Term tutors will decide whether you can be entered for the external examinations.
These decisions will be based on: (i) Your record of attendance and punctuality (ii) Your examination results (iii) Your class work and homework record (d) (i) (ii)
Preparing for the External Examinations Timed essays will increase in frequency. You will be expected to work out a timetable of revision with your Law tutors, (iii) You will be given guidance and help with revision techniques.
4. Visits A number of visits will be arranged in the first year. We expect to include a trip to the Central London Criminal Crown Court (Old Bailey) and/or Local Magistrates Court. We will give you information nearer the date.
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5. Entry to the Second Year At the end of the first year your tutors will assess your progress and decide whether you can go into the second year. You will also have received a formal assessment after the January external exams, when you will have been told what progress you are making, and the likelihood of your being able to go on to the second year. Factors that will be looked at include: a) Have attended classes regularly and punctually b) Have completed all homework and class work set to a good standard c) Have reached a good standard in a mid-sessional and end of year examinations.
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WHAT DO LEVEL GRADES MEAN? The question in the AS/A level exam is marked numerically and the score is turned into a percentage. The percentages are turned into grades / points on the following system. The total marks for AS are 200 points and for A2 it is 400 points. AS A*
A2 340-400
A 80%
160-200
320 - 400
B 70%-79%
140-159
280 - 319
C 60%-69%
120-139
240 - 279
D 50%-59%
100 -119
200 - 239
E 40%-49%
80-99
160 -199
U Below 39%
0-79
0-159
Notice that there may be only 11% (21 marks) difference between a D and a B!
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Useful
Web
Sites
Law Society
www.lawsoc.org.uk
General Council of the Bar
www.barcouncil.org.uk
Court Service
www.courtservice.gov.uk
UK Parliament
www.parliament.uk www.supremecourt.gov.uk/
Supreme Court E-Law student
www.e-lawresources.co.uk/Criminal.php
A Level Law
www.a-level-law.com/criminal.htm
Bournemouth and Poole Sixth Form College www.sixthform.info/law The Incorporated Council of Law Reporting www.lawreports.co.uk Butterworths Law Campus
www.lexisnexis.co.uk/lawcampus
Catalogue of Internet Resources www.bubl.ac.uk/link/l/lawlinks.htm
Legal Executive Journal
www.ilexjournal.co.uk
St Brendan’s Sixth Form College www.stbrn.ac.uk/other/depts/law
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AS Unit Content AS Unit G151 60% of total marks (120) and Two Hours This unit is based on areas of knowledge and understanding of the English legal system. Candidates are expected to have knowledge and understanding of, for example, civil and criminal courts, police powers, the penal system and the judiciary. This unit is concerned only with the law applicable in England and Wales, which includes, as far as the chosen topics of study are concerned, the impact of European Union law on domestic law and legal institutions. Candidates will be required to support their knowledge by citation of relevant leading cases and the main provisions of relevant statutes. While candidates are encouraged to be aware of the changing nature of law, they are not required to be familiar with innovations coming into effect in the twelve months immediately preceding the examination.
G151: English Legal System Civil courts and other methods of dispute resolution Civil courts County Court and High Court; jurisdiction at first instance; small claims; fast track; multi-track. Appeals and appellate courts. Problems of using the courts. Alternative to the courts (dispute resolution) - Arbitration; conciliation; mediation.
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Criminal process Police powers Powers to stop and search; powers of arrest; powers of detention and the treatment of suspects at the police station. Balance of individual rights and the need for investigative powers. Criminal courts Pre-trial matters: bail, plea before venue, mode of trial. Jurisdiction of Magistrates' Courts and Crown Courts at first instance. Appeals and appellate courts. Prosecution and defence rights of appeal. Penal system Principles of sentencing Aims of sentencing; purpose and effect of sentences; reoffending rates. An understanding of different types of sentences, e.g. custodial, community, fines and discharges; compensation and other powers.
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Judiciary Selection and appointment; social background; training; tenure; independence; role. The theory of the separation of powers. The legal profession Barristers Training, work and organisation. Solicitors Training, work and organisation. Regulation and complaints. Lay people in the legal system Lay magistrates Selection and appointment; social background; training; role (including the role of the magistrates’ clerk); evaluation and criticism. Juries Qualifications of jurors; selection of jury panels; role in criminal and civil cases; evaluation and criticism. Alternatives to jury. *Provision of legal services Government funding Legal Services Commission; Community Legal Service; Criminal Defence Service; Public Defender Service; funding of civil and criminal cases; advice schemes in civil and criminal cases. Access to justice. Advice agencies Purpose and role of Citizens’ Advice Bureaux; law centres; other advice agencies. Private funding of cases and Conditional fees
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Unit G152 Sources of Law 40% of total marks (80) and One Hour
Doctrine of precedent Mechanics of precedent. Precedent as operated in the English Legal System; stare decisis; obiter dicta, ratio decidendi; hierarchy of the courts; binding and persuasive precedent; overruling; reversing; distinguishing. Law-making potential Original precedent; the Practice Statement 1966; distinguishing; the role of the judges. Legislation Acts of Parliament Green Papers, White Papers, legislative stages in Parliament. Delegated legislation Orders in Council; statutory instruments; bylaws; control of delegated legislation including Parliamentary Scrutiny Committees and Judicial Review; reasons for delegating legislative powers. Statutory Interpretation Literal rule, Golden rule, Mischief rule, purposive approach; rules of language; presumptions; intrinsic and extrinsic aids; effects of membership of the European Union on interpretation. European Union law Institutions Role of the Council, Commission, Parliament and the European Court of Justice, including Article 234 references. Primary and secondary sources Treaties, regulations, directives and 12
decisions; their implementation and enforcement; the impact of European Union law on domestic legal institutions and law.
A2 Criminal Law Candidates are expected to demonstrate knowledge and understanding of the principles of criminal law and to develop a critical awareness of the present state of criminal law in relation both to the scope of specific crimes and the applicability of particular defences. They are expected to have a general appreciation of the role of criminal law in modern society and to be able to relate this to specific issues, e.g. whether it is justifiable to have crimes of strict liability. Candidates are required to demonstrate some synoptic thinking. This is achieved by relevant reference to precedent and/or statutory materials including the development of law and comments on justice or morality where appropriate. It is also achieved by relevant use of precedent and/or statutory materials in the application of legal reasoning to given factual situations, including comment on the justice or morality of the outcome where appropriate. Candidates will be required to support their knowledge by citation of relevant leading cases and the main provisions of relevant statutes. While candidates are encouraged to be aware of the changing nature of law, they are not required to be familiar with innovations coming into effect in the twelve months immediately preceding the examination.
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Unit G153: Criminal Law Principles of criminal liability Actus reus General principles of proof of positive acts before liability may be incurred; omissions as actus reus in certain duty situations; principles of causation; ‘sine qua non’; factors affecting the chain of causation. Mens rea General principles of intention; direct intent; oblique intent; specific intent; recklessness; foresight of consequences; transferred malice. Strict liability Principles of strict/absolute liability; statutory nature; interpretation by courts; policy issues; social utility; no negligence – due diligence defences. Attempted crimes Attempts Statutory definition; mens rea and actus reus; meaning of ‘more than merely preparatory’; attempts to do the impossible. Offences against the person Murder The actus reus and mens rea required; defences of diminished responsibility and provocation. Involuntary manslaughter Constructive (unlawful act) manslaughter; gross negligence 14
manslaughter; reckless manslaughter.
General defences Insanity M’Naghten rules; effects of insanity as a defence. Automatism Definition of automatism; self-induced automatism; distinctions between insane and non-insane automatism. Duress, necessity Scope and nature of these as defences; self-induced duress; duress of circumstances; limits to their availability. Intoxication Voluntary intoxication and its effect on liability for different offences; involuntary intoxication; specific/basic intent dichotomy; intoxicated mistake; public policy issues. Self-defence Self defence and defence of another/prevention of crime; degree of force; mistaken use of force in self-defence. Consent Consent and imitations on this defence. Non-fatal offences against the person Assault and battery; actual bodily harm; wounding; grievous bodily harm; proposals for reform. 15
Property offences Theft, Robbery and burglary.
A2 Unit G154: Criminal Law Special Study This unit is based on pre-released materials: a special study booklet sent out to centres at the beginning of the course, which provides a starting point for study of the topics set. Each booklet contains source material, such as extracts from judgments or Acts of Parliament or academic articles on a specific area(s) of criminal law. In this way the source material will indicate the area(s) of substantive law that will be tested. Candidates are expected to demonstrate understanding of the area(s) of law and the development of law and to use legal methods and reasoning to analyse legal material, to select appropriate legal rules and apply these in order to draw conclusions. Candidates will be expected to draw together knowledge of legal processes and/or legal issues and make connections between these and the substantive law. This unit is concerned only with the law applicable in England and Wales, which includes, as far as the chosen topics of study are concerned, the impact of European Union law on domestic law and legal institutions. Candidates will be required to support their knowledge by citation of relevant leading cases and the main provisions of relevant statutes.
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