Essays

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Advise James on whether his stop and search was lawful.

The police have been granted powers to stop and search a person under the Police and Criminal Evidence Act 1984, the Criminal Justice Act 2003, the Misuse of Drugs Act 1971, the Terrorism Act 2000 and the Criminal Justice and Public Order Act 1994.

Advise Malcolm on whether the police acted lawfully with regards to the stop and search.

The police have been granted powers to stop and search a person under the Police and Criminal Evidence Act 1984, the Criminal Justice Act 2003, the Misuse of Drugs Act 1971, the Terrorism Act 2000 and the Criminal Justice and Public Order Act 1994.

Briefly explain the law relating to murder

Murder is a common law offence and is the unlawful killing of a human being, under the Queen’s peace, with malice aforethought. It is considered by most people to be one of the most serious of offences. It carries a mandatory life sentence.

Briefly explain the meaning of, and reasons for, strict liability.

For strict liability offences it can be said that the prosecution does not have to prove the existence of mens rea for one or more of the elements of the actus reus of the offence.

Comment on what amounts to a Criminal Attempt

A criminal attempt is defined by Sec:1 (1) Criminal Attempts Act 1981 'If, with intent to commit an offence a person does an act which is more than merely preparatory to the commission of the offence, he is guilty of attempting to commit the offence.'

Define and explain the defence of loss of control Section 54 and 55 of the Coroners and Justice Act 2009.

The defence of loss of control replaces the defence of provocation which was abolished by Section 56 (1) of the Coroners and Justice Act 2009.

Delegated legislation is controlled by Parliament itself and by judges. Explain judicial controls on delegated legislation.

SIs are a form of legislation, often drafted by the legal office of the Government Department concerned, allowing the provisions of an Act of Parliament to be brought into force or altered without Parliament passing a new Act.

Describe and illustrate Orders in Council

Authority has been granted by the Emergency Powers Act 1920 and the Civil Contingencies Act 2004 for legislation to be introduced by an Order in Council.

Describe and illustrate the different methods of Alternative Dispute Resolution available to deal with civil cases.

There is a range of different methods of resolving disputes without going to court. These alternative methods are referred to as ‘ADR’

Describe and illustrate the tort of assault

An assault is a tort as well as a crime. An assault may be defined as intentionally and directly causing the victim to fear an apparent and imminent battery.