English Legal System

English Legal System
Assignment:

This assignment consists of two parts, Part A and Part B. You MUST answer the problem question in Part A and choose ONE essay question from Part B. In terms of marks, Part A and Part B are equally weighted.

Part A
You MUST answer this question.
At 3 a.m. on 9 June 2012, David Malone and his friend, Simon Taggart, left Image Nightclub in Norwich. Simon hailed a passing taxi and asked the driver to take David home. David, who was very drunk, has only a vague recollection of what took place thereafter. He recalls that the car stopped, that he was pulled out and repeatedly punched, and that his wallet was taken.
The next morning, he reported the matter to the police but was unable to describe the assailant. Simon was able to provide a description: the man was white, late thirties, with mousy hair and a goatee beard. Simon had assumed that the car, which he described as either blue or black, was a taxi as the side door carried a large, circular logo similar to those on other taxis. The logo contained three letters, the first of which was the letter ‘E.’
Two weeks later, after publishing an artist’s sketch, the police received a tip off that the man they were looking for was Ray Granger, who lived locally and had worked for ten years for a company called Emergency Plumbing Services Ltd. Two police officers visited Emergency Plumbing Services Ltd where they found a number of blue cars with circular EPS logos on their side panels. The owner showed them the log book which indicated that a car was signed out to Ray Granger for two days from 8 June 2012.
The police waited at Emergency Plumbing Services Ltd until Ray arrived for work. As Ray climbed out of his car, the police walked over to him and said,
“Ray Granger we are arresting you for the –”
At this point, Ray turned and ran down the alley behind the offices. He was pursued by the police who wrestled him to the ground, put him in handcuffs and cautioned him.
In the police car, when driving back to the station, the officers stopped for ten minutes at a shop that had been broken into earlier that day. One of the officers stayed in the car with Ray, while the other got out to see how the investigation was going. While waiting, Ray said to the officer in the police car,
“You know, it was his own fault. If you’re that drunk you deserve to lose your wallet.”
The officer noted the comment in his notebook but did not engage in discussions with Ray.
On arrival at the police station, Ray was met by a custody officer who read him his rights. His request for access to a solicitor was granted, but the custody officer told him that he could not phone his neighbour, who was looking after his children, until they had searched his house for evidence. Ray was kept in a cell for eight hours, during which the only person he saw was the custody officer who opened the door twice and asked ‘everything all right in there?’ When interviewed in the presence of his solicitor, he denied any involvement in the offence and stated that he had spent the night at home with the Emergency Plumbing Services Ltd car parked in his drive.
The CPS subsequently charged Ray with robbery under s 8(1) of the Theft Act 1968.
Section 8(1) provides:
(1)A person is guilty of robbery if he steals, and immediately before or at the time of doing so, and in order to do so, he uses force on any person or puts or seeks to put any person in fear of being then and there subjected to force.
In anticipation of the bail hearing, his solicitor took information from Ray about his personal circumstances. Ray has one conviction for assault from 1999, following which he served three months in prison. He has a brother and sister: the brother is himself in prison for armed robbery, and the sister, with whom he is close, lives in Budapest, where she owns a guesthouse. He owns his own house where he lives with his two children, Chelsey,7, and Tamsin, 5. He is raising the children alone since his wife died of cancer six months ago. When working, he pays one of his neighbours to look after the children. Since his wife’s death, he has suffered from insomnia, depression and anxiety, for which he takes medication.
Applying the rules and procedures you have studied on the English Legal Process module, advise as to:
(i) Whether the police have acted lawfully in their treatment of Ray;
(ii) Whether the CPS were correct to charge Ray; and
(iii) Whether Ray is likely to be granted bail.
Please note: since you are being assessed on the rules and procedures studied on the English Legal Process module, it is not intended that you conduct any research into s 8 of the Theft Act 1968.

Part B

Choose ONE of the following essay questions:

Question 1
In R v Mirza [2004] UKHL 2, Lord Hope stated that “attempts to soften the rule to serve the interests of those who claim that they were unfairly convicted should be resisted in the general public interest.”
Do you agree with this view of the jury secrecy rule?

Question 2
“Recovery of success fees and ATE premiums distorted the balance between the interests of claimants and defendants and lined the pockets of claims farmers. This announcement will go a long way to restoring the balance needed.” Andrew Parker, Head of Strategic Litigation at Beachcroft solicitors.
Drawing upon responses to the Jackson Report, discuss whether or not you agree with this statement about Lord Justice Jackson’s proposals.
————————————–END OF QUESTIONS—————————————-
Format

Font Size: 12 Point
Font Type: Times New Roman
Line Spacing: 1.5
Left and right hand margins: 1.25”
Top and bottom margins: 1”

Coursework Assessment Criteria
Your work will be assessed according to the Law School’s Assessment Criteria, published in your student handbook and set out at the end of this document. To reflect the particular aims and learning objectives of this module, the following additional criteria will be taken into account:
Specific marking criteria for this assignment are:
• identification of relevant issues;
• knowledge and understanding of the substantive areas of law covered by the coursework;
• ability to apply the law to a factual scenario;
• ability to analyse and evaluate how an aspect of legal process operates;
• capacity to make logical and sustained arguments;
• ability to illustrate and justify arguments and conclusions by reference to appropriately chosen source materials;
• evidence of wider reading and research;
• demonstration of ability to structure and organise work in a clear and coherent manner;
• clarity, precision and ability to write to a word limit;
• correct spelling and grammar and the use of language appropriate to the context;
• use of appropriate and consistent referencing.

Referencing

Your coursework should clearly distinguish between your original words and ideas, and those of others. When referring to the work of others, from books, journals or any other source (including the internet), it is essential that you make this clear by acknowledging your source and referencing correctly. Failure to reference correctly will lose you marks and may constitute plagiarism or collusion.

You should make use of the Oxford system of referencing, OSCOLA. Full details of its requirements can be found here: http://www.law.ox.ac.uk/publications/oscola.php . A useful short guide is here: http://www.law.ox.ac.uk/published/OSCOLA_Quick_Reference_Guide_001.pdf]

University Policy on Plagiarism and Collusion

It is important that all students familiarise themselves with the rules and regulations regarding plagiarism and collusion. Understanding these rules will help you to avoid plagiarism, and to maintain the quality of your academic work.

The current rules and regulations can be found at:
http://www.uea.ac.uk/services/students/let_service/let_plagiarism_aware/plagiarism_students
The link contains the following sections:
• Understanding Plagiarism
• Key Academic Skills
• UEA’s policy on Plagiarism and Collusion

Individual study skills support and advice on referencing is also provided by the Learning Enhancement Service at the Dean of Students Office.
You may be requested to provide a digital copy of your coursework (after an initial examination of the hard copy by the coursework assessors) for use with plagiarism detection software. Instances where plagiarism is suspected will be investigated. Students who are found to have plagiarised will be penalised.
In proven cases offenders will be punished and the punishment may extend to degree failure, temporary suspension or expulsion from further study if the case comes before a Discipline Committee of the University.
Word limit
Students should declare the word count on the first page (or cover page) of their assessed work. This word count will include the text only. It will not include footnotes, but these should contain citations only and should not be used to extend description, discussion or analysis from the main body. Learning and Teaching Service Staff may check the accuracy of your stated word count.
Students are permitted to go up to 10% over the word limit without penalty. However, the ability to write concisely is considered a key legal skill and markers will reward students who take the word limit seriously. Where a student exceeds the word limit by more than 10%, there will be a deduction of 10 marks off the original mark. In addition, the marker is obliged to read up to the 10% limit but is not obliged to read beyond it.
There shall be no deduction of marks or other penalty where an item of coursework otherwise does not meet the expected word length. However, it is important to remember that failing to provide sufficient material, producing material that lacks focus or including material that is irrelevant will probably result in a lower mark on the basis of the lack of academic merit of the work submitted.
Coursework Deadlines

All coursework must be submitted by 15:00 on the specified date. Failure to submit on time without an approved extension will result in a penalty for late submission.
Submission will be managed via the student ‘Portal’. Submission details will be displayed for you on your eVision page, in ‘Assessment and Awards’. This will show all assessments for all modules you are enrolled on for the current academic year.

All coursework must be submitted electronically.

Work submitted after the deadline must also be made electronically. Students can view their submissions date / time on the portal.
Please note that the deadline represents the last time that a piece of work can be submitted, and not a target. You are advised to plan ahead, and submit work well in advance of the deadline. This will help to ensure that any last minute delays do not result in late submission.

Extensions to coursework deadlines
In exceptional circumstances, a request for an extension to a deadline for the submission of work for assessment may be submitted. Requests for Coursework Extensions should be submitted to Heather Reynolds, the Coordinator in the Learning and Teaching Service Hub, prior to the deadline, on a University Extension Request Form, together with appropriate supporting evidence.

Extension requests can be submitted on the following grounds:
• Medical (subject to a doctor’s note)
• Serious personal issues (subject to supporting evidence)

Extension requests will not be considered for the following:
• Poor time management
• Transport or parking delays
• IT problems (unless evidence can be provided from an IT technician)
• Medical or personal circumstances that are not accompanied by supporting evidence

You should plan your work so that minor delays do not prevent submission on time. In all cases, you should ensure that you make regular backup copies of all coursework in progress.
Where extenuating circumstances prevented you from applying for an extension in advance of the deadline, work submitted after the deadline should be accompanied by a completed University Extension Request Form. Allowance will be given for acceptable extenuating circumstances and in such cases penalties for late submission will not be applied.
Extension requests will be considered by the Senior Administrator in those instances where acceptable extenuating circumstances exist and the request is submitted before the deadline. The designated member of academic staff in the School will consider all other requests.

Penalties for late submission
If you submit coursework after the published deadline, without an approved extension, the following penalties will apply:

Work submitted Marks deducted
After 15:00 on the due date or on the day following the due date 10 marks
On either the 2nd or 3rd day after the due date 20 marks
on the 4th day after the due date and before the 20th day after the due date. all the marks the work merits if submitted on time (i.e. no marks awarded)
After 20 working days work will not be marked and a mark of zero will be entered
Saturdays & Sundays will not be taken into account for the purposes of calculating marks deducted
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