Essays

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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 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.

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 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.

Describe and illustrate the tort of battery

It may be defined as the intentional, direct and unlawful physical contact with a person. Battery is sometimes included in the term 'assault' or 'common assault' whereas no harm or contact is required for the tort of assault to be established.

Describe how disputes can be resolved

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

Describe how disputes can be resolved other than by using the courts.

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