Cambridge IAS-Level · Thinka-original Practice Paper

2024 Cambridge IAS-Level Law (9084) Practice Paper with Answers

Thinka Nov 2024 (V3) Cambridge International A Level-Style Mock — Law (9084)

135 marks180 mins2024

An original Thinka practice paper modelled on the structure and difficulty of the Nov 2024 (V3) Cambridge International A Level Law (9084) paper. Not affiliated with or reproduced from Cambridge.

Paper 13 Section A

Answer all questions.

5 Question · 25 marks

Question 1 · Short Answer

3 marks

Identify three parliamentary controls exercised over delegated legislation.

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Worked solution

Parliament retains overall control of delegated legislation through several key mechanisms. First, the affirmative resolution procedure requires a statutory instrument to be formally debated and approved by Parliament before it can become law. Second, the negative resolution procedure allows a statutory instrument to become law automatically unless a Member of Parliament puts forward a motion to reject it (a prayer) within 40 days. Third, the Joint Committee on Statutory Instruments (often called the Scrutiny Committee) reviews all statutory instruments on technical grounds, such as whether they exceed the powers granted by the parent Act or are ambiguous, and reports its findings to Parliament.

Marking scheme

Award 1 mark for each correctly identified and explained parliamentary control, up to a maximum of 3 marks. Supported answers include: Affirmative resolution (1 mark), Negative resolution (1 mark), Joint Committee on Statutory Instruments / Scrutiny Committee (1 mark). Other valid controls, such as the enabling Act itself (parent Act) or questioning of ministers, can also be accepted.

Question 2 · Short Answer

3 marks

Describe three criteria that must be satisfied for an individual to be eligible for jury service in England and Wales under the Juries Act 1974.

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Worked solution

The Juries Act 1974 (as amended) sets out three essential eligibility requirements for jury service. First, there is an age requirement: the individual must be between 18 and 75 years of age. Second, they must be registered on the electoral register as a parliamentary or local government elector. Third, there is a residency requirement: they must have been ordinarily resident in the United Kingdom, the Channel Islands, or the Isle of Man for any period of at least five years since reaching the age of 13.

Marking scheme

Award 1 mark for each correctly described eligibility criterion, up to a maximum of 3 marks. (1) Age requirement: 18-75 years old (1 mark); (2) Electoral registration: registered as a parliamentary or local government elector (1 mark); (3) Residency: resident in the UK, Channel Islands, or Isle of Man for at least 5 years since the age of 13 (1 mark).

Question 3 · Short Answer

3 marks

Identify and briefly describe three statutory purposes (aims) of sentencing for adult offenders under the Sentencing Act 2020.

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Worked solution

The Sentencing Act 2020 outlines five statutory aims of sentencing for adult offenders. First, punishment of offenders (retribution) ensures the penalty is proportionate to the severity of the offense. Second, reduction of crime (including deterrence) seeks to prevent future offenses by the offender (individual) or society (general). Third, reform and rehabilitation of offenders focuses on correcting criminal behavior through treatment or educational programs. Other valid statutory aims include the protection of the public and the making of reparation by offenders to persons affected by their offenses.

Marking scheme

Award 1 mark for each correctly identified and briefly described statutory aim of sentencing, up to a maximum of 3 marks. Recognized aims: Punishment/Retribution (1 mark), Reduction of crime/Deterrence (1 mark), Reform/Rehabilitation (1 mark), Protection of the public (1 mark), Reparation (1 mark).

Question 4 · Explain Difference

6 marks

Explain the difference between the ratio decidendi and an obiter dictum within the doctrine of judicial precedent.

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Worked solution

The doctrine of judicial precedent relies heavily on the distinction between ratio decidendi and obiter dicta:

1. Ratio Decidendi (literally 'the reason for deciding'):
- This refers to the core legal principles and rationale that a judge uses to resolve the dispute in a case.
- It constitutes the binding element of the judgment. Lower courts in the same hierarchy (and sometimes courts of equal standing) must follow this ruling if the material facts of a future case are sufficiently similar.
- For example, in Donoghue v Stevenson (1932), the ratio decidendi established the 'neighbour principle' in the law of negligence.

2. Obiter Dictum (literally 'a thing said by the way'; plural: obiter dicta):
- These are supplementary comments, hypothetical scenarios, or legal observations made by a judge that are not essential to the final outcome of the case.
- Unlike the ratio, an obiter dictum is not binding. It carries only persuasive authority, meaning future courts may choose to consider and adopt it but are not legally compelled to do so.
- For example, in R v Howe (1987), the House of Lords ruled that duress is not a defence to murder (ratio). They added an obiter dictum that duress should also not be a defence to attempted murder. This persuasive comment was later adopted as binding law by the Court of Appeal in R v Gotts (1992).

Marking scheme

Marks are awarded out of 6.

Band 1 (1-2 marks):
- Provides a basic definition of either 'ratio decidendi' or 'obiter dictum'.
- Limited or superficial understanding of how they function in judicial precedent.

Band 2 (3-4 marks):
- Explains both terms with reasonable clarity.
- Identifies the key difference in their binding nature (ratio is binding; obiter is persuasive).
- May lack relevant case examples or detailed explanation.

Band 3 (5-6 marks):
- Offers a clear, detailed, and accurate explanation of both concepts.
- Explicitly contrasts the binding authority of the ratio decidendi with the persuasive authority of an obiter dictum.
- Supports the explanation with appropriate case illustrations (e.g., Donoghue v Stevenson, R v Howe / R v Gotts).

Question 5 · Discuss Disadvantages

10 marks

Discuss the disadvantages of the use of delegated legislation within the English legal system.

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Worked solution

Introduction:
Delegated legislation refers to law made by executive bodies (such as government ministers, local authorities, or public corporations) under the authority of a Parent Act passed by Parliament. While it provides necessary flexibility and saves parliamentary time, it is subject to several key criticisms and disadvantages.

Key Disadvantages:

Undemocratic Nature: A fundamental constitutional concern is that delegated legislation is made by unelected civil servants or public bodies rather than elected Members of Parliament. This bypasses the traditional democratic process of open parliamentary debate and vote.
Sub-delegation: The power to make law is often passed down from the minister designated in the Enabling Act to civil servants or other departments. This further distances lawmaking from democratic accountability and can lead to executive overreach.
Lack of Publicity and Volume: Thousands of Statutory Instruments are passed each year, far exceeding the volume of primary legislation. Because these do not receive the same media coverage or public debate as Acts of Parliament, it is extremely difficult for legal professionals, businesses, and ordinary citizens to keep track of changes in the law.
Inadequate Parliamentary Control: Parliament lacks the time and resources to effectively scrutinise the vast quantity of delegated legislation. Scrutiny committees (such as the Joint Committee on Statutory Instruments) can only report on technical issues rather than merits, and the negative resolution procedure means most instruments become law without any parliamentary debate.
Ambiguity and Poor Drafting: Some delegated legislation is drafted quickly or covers highly technical areas, which can lead to obscure, complex, or ambiguous wording. This increases the likelihood of litigation, where the courts must intervene to resolve disputes through judicial review (e.g., determining whether a piece of legislation is ultra vires).

Conclusion:
Although delegated legislation is a practical necessity for modern governance, its potential to undermine democratic principles, combined with the lack of public awareness and limited parliamentary oversight, remains a significant constitutional challenge in the English legal system.

Marking scheme

Marking Scheme (Total: 10 marks):

8–10 marks: Demonstrates excellent, detailed knowledge and understanding of the disadvantages of delegated legislation. Explains at least 3-4 distinct issues (including democratic deficit, sub-delegation, lack of publicity, and limited parliamentary control) with high accuracy and clear, analytical legal reasoning.
5–7 marks: Demonstrates good knowledge and understanding of the disadvantages. Identifies 2-3 key issues with reasonable explanation, though the depth of legal analysis or detail may be slightly limited.
3–4 marks: Identifies 1-2 disadvantages but provides only a superficial or basic explanation. Lacks detail, structural clarity, or appropriate legal terminology.
1–2 marks: Shows very limited understanding, containing major inaccuracies or failing to focus on the disadvantages of delegated legislation.
0 marks: No creditworthy response provided.

Paper 13 Section B

Answer two questions.

4 Question · 50 marks

Question 1 · Explain Mechanism

10 marks

Explain the selection and training process for lay magistrates in England and Wales.

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Worked solution

Candidates for lay magistrates must be aged between 18 and 65 at the time of appointment, and must be able to sit for at least 26 half-days a year. They must demonstrate the six key personal qualities defined by the Lord Chancellor: good character, understanding and communication, social awareness, maturity and sound temperament, sound judgment, and commitment and reliability. Certain individuals, such as police officers, traffic wardens, and close relatives of local justice system workers, are disqualified to maintain impartiality. Selection is managed by Local Advisory Committees. The process involves a two-stage interview: the first assesses personal attributes and the six key qualities, while the second assesses potential judicial decision-making using practical case studies. Successful candidates are recommended to the Senior Presiding Judge. Once appointed, the training is supervised by the Judicial College and delivered locally. It consists of: (1) Initial training, covering the basics of the role and court procedures; (2) Mentoring, where the new magistrate is supported by an experienced mentor during their first year; (3) Core training, which develops essential court skills; and (4) Appraisal, which takes place after approximately 12 to 18 months to ensure the magistrate has achieved the required competencies.

Marking scheme

Band 1 (0 marks): No relevant legal knowledge. Band 2 (1-3 marks): Superficial knowledge showing a basic understanding of what a magistrate is, but very little detail on selection or training. Band 3 (4-6 marks): Identifies some basic requirements (e.g., age, key qualities) or training stages (e.g., mentoring) but lacks detail or fails to address both components clearly. Band 4 (7-8 marks): Good, detailed explanation of both the selection process (including key qualities, role of Advisory Committees, and interviews) and the training framework (initial training, mentoring, and appraisal). Band 5 (9-10 marks): Excellent, highly accurate, and comprehensive explanation covering all aspects of both selection (qualifications, disqualifications, Local Advisory Committees, interviews) and the training structure (Judicial College, mentoring, appraisal) using precise legal terminology.

Question 2 · Explain Mechanism

10 marks

Explain the three-track system used to allocate civil cases in the County Court of England and Wales.

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Worked solution

When a civil defense is filed, the court issues a directions questionnaire to both parties to gather information about the value and complexity of the dispute. Based on this, a District Judge allocates the case to one of the following three tracks: (1) Small Claims Track: Typically handles claims valued up to £10,000 (with personal injury claims restricted to lower limits, historically £1,000 or £1,500 depending on the date and type). The procedure is designed to be informal, quick, and accessible without the need for legal representation, with restricted recovery of legal costs. (2) Fast Track: For moderately straightforward disputes valued between £10,000 and £25,000. It operates with a strict court-imposed timetable (with a target hearing within 30 weeks) and limits trial duration to one day, restricting the number of witnesses and expert evidence to manage costs. (3) Multi-Track: Reserved for claims valued over £25,000, or highly complex cases of lower financial value. The procedure involves active judicial case management, where judges hold case management conferences to set custom timetables, direct evidence disclosure, and actively supervise the preparation for trial.

Marking scheme

Band 1 (0 marks): No relevant legal knowledge. Band 2 (1-3 marks): Basic awareness of civil courts, but fails to identify or explain the tracks accurately. Band 3 (4-6 marks): Identifies the three tracks with some correct financial thresholds, but offers limited explanation of their procedural differences. Band 4 (7-8 marks): Clear and accurate explanation of all three tracks, including correct financial thresholds and a solid overview of the allocation process (using the directions questionnaire) and procedural differences. Band 5 (9-10 marks): Comprehensive and highly precise explanation of the allocation mechanism, the specific financial thresholds, and detailed procedural characteristics of each track (informality and costs in small claims, strict timetables in fast track, active case management in multi-track).

Question 3 · Evaluate/Assess

15 marks

Evaluate the extent to which the use of juries in criminal trials remains a fundamental and effective part of the English legal system.

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Worked solution

The jury system is a cornerstone of the English criminal justice system, representing trial by one\'s peers. Candidates should explore both sides of the debate regarding its efficacy. On one hand, the advantages of juries include: 1. Jury equity: Juries are not bound by precedent and can decide cases on their moral merits rather than strict legal technicalities (e.g., Ponting\'s case [1985]). 2. Public participation: It promotes democratic involvement in the justice system, enhancing public confidence in the legal system. 3. Independence: Juries are free from political or judicial pressure (e.g., Bushell\'s Case [1670]). On the other hand, the disadvantages include: 1. Perverse verdicts: Juries can occasionally deliver verdicts that fly in the face of overwhelming evidence (e.g., R v Randle and Pottle [1991]). 2. Complexity of cases: Juries may struggle with complex evidence in fraud or technical medical cases. 3. Secrecy and potential bias: Under the Criminal Justice and Courts Act 2015, jury deliberations remain secret, making it difficult to uncover racial or personal biases (though exceptions exist, e.g., R v Mirza [2004]). 4. Practical issues: High costs, emotional strain on jurors in traumatic cases, and the risk of internet/social media research causing bias. In conclusion, while juries have clear weaknesses and are used in only a tiny fraction of all criminal trials (under 2 percent, mostly in the Crown Court), they remain a vital safeguard of liberty and democratic legitimacy, though reforms to manage digital media influence are increasingly necessary.

Marking scheme

AO1: Knowledge and Understanding (6 Marks): Candidates should demonstrate a clear understanding of the role, qualifications, selection, and function of juries in the Crown Court under the Juries Act 1974. Better answers will also outline key historical developments of jury independence.
AO2: Analysis and Evaluation (9 Marks): Candidates must evaluate the strengths and weaknesses of the jury system. This includes analyzing jury equity, public confidence, and impartiality vs perverse verdicts, complexity, secrecy of the jury room, and the impact of social media. An overall balanced conclusion should be provided. Marks are awarded as follows: 1-5 marks for basic evaluation with limited arguments; 6-9 marks for a well-reasoned, analytical discussion with balanced arguments and appropriate legal case/statute references.

Question 4 · Evaluate/Assess

15 marks

Assess the view that the Practice Statement 1966 and the exceptions established in Young v Bristol Aeroplane Co (1944) allow the appellate courts sufficient flexibility to develop the law while maintaining certainty.

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Worked solution

The doctrine of binding judicial precedent (stare decisis) is central to English law, prioritizing certainty and predictability. However, rigid adherence to precedent can lead to injustice. Candidates should analyze how the Practice Statement 1966 and the rules in Young\'s case balance these competing demands. For the Supreme Court (formerly House of Lords): Under the Practice Statement 1966, the Court can depart from its own previous decisions \'when it appears right to do so.\' This has allowed critical developments in criminal law (e.g., R v Shivpuri [1986] overruling Anderton v Ryan [1985] on criminal attempts) and civil law (e.g., Herrington v British Railways Board [1972] overruling Addie v Dumbreck [1929] regarding duty of care to child trespassers). This provides flexibility but is used sparingly to prevent commercial and social instability. For the Court of Appeal: The Court of Appeal is bound by its own previous decisions, subject to the three strict exceptions in Young v Bristol Aeroplane Co (1944): 1. Conflict between two of its own past decisions; 2. A past decision that cannot stand with a subsequent Supreme Court ruling; 3. A decision made per incuriam (in error/without observing relevant authority). A fourth exception exists under the Human Rights Act 1998 regarding compatibility with the European Court of Human Rights. Evaluation: The strictness of the Young exceptions ensures that the vast majority of appeals are decided consistently, maintaining legal certainty. However, critics argue this restricts the Court of Appeal too tightly, especially in the Criminal Division where individual liberty is at stake (where a broader flexibility is exercised if the law was misunderstood, as seen in R v Taylor [1950]). In conclusion, the current rules provide a delicate balance; they restrict lower courts to ensure predictability, while reserving flexibility for the highest appellate courts to correct obsolete or unjust principles.

Marking scheme

AO1: Knowledge and Understanding (6 Marks): Candidates must explain the doctrine of precedent, the significance of the 1966 Practice Statement, and identify the specific exceptions set out in Young v Bristol Aeroplane Co (1944).
AO2: Analysis and Evaluation (9 Marks): Candidates must critically analyze the tension between the need for certainty (predictability, consistency, lower litigation costs) and the need for flexibility (adaptation to social change, correcting past errors). High-scoring responses must discuss relevant case law (such as Herrington, Shivpuri, or relevant Court of Appeal cases) to support their evaluation of whether the balance achieved is \'sufficient.\'

Paper 23 Section A

Answer all parts of Question 1 using only the source material provided.

3 Question · 30 marks

Question 1 · Source Application

10 marks

SOURCE MATERIAL

Source A: Theft Act 1968, Section 9 (Burglary)
(1) A person is guilty of burglary if—
(a) he enters any building or part of a building as a trespasser and with intent to commit any such offence as is mentioned in subsection (2) below; or
(b) having entered any building or part of a building as a trespasser he steals or attempts to steal anything in the building or that part of it or inflicts or attempts to inflict on any person therein any grievous bodily harm.
(2) The offences referred to in subsection (1)(a) above are offences of stealing anything in the building or part of a building in question, of inflicting on any person therein any grievous bodily harm, and of doing unlawful damage to the building or anything therein.

Source B: R v Collins [1973]
For an entry to be trespassory under s.9 of the Theft Act 1968, the entry into the building must be "effective and substantial". The defendant must enter knowing they are a trespasser, or being reckless as to whether they are.

SCENARIO
Alan wants to steal a valuable antique vase from Brenda's house. He climbs up a ladder and manages to get his head and shoulders through Brenda's open first-floor window. Before he can climb all the way inside, Brenda walks into the room and screams. Alan panics and climbs back down the ladder, running away without taking anything.

Apply the source material to the scenario to explain whether Alan has committed burglary under section 9(1)(a) of the Theft Act 1968.

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Worked solution

1. Identify the relevant law: Under section 9(1)(a) of the Theft Act 1968, burglary is committed when a person enters a building or part of a building as a trespasser with the intent to steal, inflict grievous bodily harm, or cause unlawful damage.

2. Apply the element of 'entry' using Source B: According to R v Collins [1973], the entry must be 'effective and substantial'. Alan put his head and shoulders through the open window. This is physically sufficient to constitute an effective entry because it put him in a position where he could begin to locate and steal the vase.

3. Apply the element of 'trespasser': Alan did not have Brenda's permission to enter the house. He knew he did not have permission, meeting the subjective test of knowing he was a trespasser or being reckless as to whether he was.

4. Apply the element of 'intent' under s.9(1)(a): Alan entered with the specific intention to steal Brenda's antique vase. Under s.9(1)(a), it is irrelevant that he did not actually succeed in stealing anything; the offence is complete upon entry with the necessary intent. Therefore, Alan has committed burglary under section 9(1)(a).

Marking scheme

Band 1 (1-3 marks): Focuses on basic facts. May state whether Alan is guilty or not without applying the statutory provisions or case law.
Band 2 (4-6 marks): Identifies section 9(1)(a) and R v Collins. Attempts to apply the concepts of trespass and 'effective and substantial' entry, but the analysis is incomplete or lacks clarity.
Band 3 (7-10 marks): Clear and accurate application of both sources. Explains 'effective and substantial' entry using R v Collins, applies this to Alan's head/shoulders, establishes trespasser status, explains that actual theft is not required under s.9(1)(a) due to his intent to steal, and concludes Alan is guilty.

Question 2 · Source Application

10 marks

SOURCE MATERIAL

Source A: Theft Act 1968, Section 9 (Burglary)
(1) A person is guilty of burglary if—
(a) he enters any building or part of a building as a trespasser and with intent to commit any such offence as is mentioned in subsection (2) below; or
(b) having entered any building or part of a building as a trespasser he steals or attempts to steal anything in the building or that part of it or inflicts or attempts to inflict on any person therein any grievous bodily harm.
(2) The offences referred to in subsection (1)(a) above are offences of stealing anything in the building or part of a building in question, of inflicting on any person therein any grievous bodily harm, and of doing unlawful damage to the building or anything therein.

Source B: R v Walkington [1979]
A defendant can be guilty of burglary by entering a 'part of a building' as a trespasser, even if they have permission to be in other parts of the building. Entering a restricted area (such as behind a counter or a staff-only room) without permission constitutes trespass in that part of the building.

SCENARIO
Clara enters a large department store during normal business hours to shop. While walking around, she notices a door with a sign that reads 'Staff Only - Strictly No Admittance'. Hoping to find expensive stock to steal, Clara opens the door and walks into the staff storeroom. Inside, she sees a cash box on a table. She opens it, but finds it completely empty. Disappointed, she leaves the storeroom and the store without taking anything.

Apply the source material to the scenario to explain whether Clara has committed burglary under section 9(1)(a) or section 9(1)(b) of the Theft Act 1968.

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Worked solution

1. Identify the relevant law: The distinction between section 9(1)(a) (entering with intent to steal) and section 9(1)(b) (stealing or attempting to steal once inside as a trespasser) is crucial.

2. Apply the 'part of a building' element using Source B: In R v Walkington [1979], it was established that a person can trespass in a specific part of a building. Clara had permission to be in the public shop floor, but she crossed into a restricted area marked 'Staff Only'. This makes her a trespasser in that 'part of the building'.

3. Apply section 9(1)(a): Clara entered the storeroom with the explicit intention of finding expensive stock to steal. This intent satisfies the requirements of s.9(1)(a) at the moment of entry. The fact that the cash box was empty does not prevent liability under s.9(1)(a).

4. Apply section 9(1)(b): To be liable under s.9(1)(b), Clara must have actually stolen or attempted to steal. Since she opened an empty box and left empty-handed without committing theft, s.9(1)(b) is not completed (though opening the box could be argued as an attempt, her entry with prior intent makes s.9(1)(a) the primary completed offence). Thus, she is guilty under s.9(1)(a).

Marking scheme

Band 1 (1-3 marks): Identifies basic facts, such as Clara going into a staff room, but offers very limited legal reasoning or application of sources.
Band 2 (4-6 marks): Recognises that Clara exceeded her permission by entering the staff room, citing R v Walkington. Mentions s.9(1)(a) or s.9(1)(b) but fails to fully distinguish why s.9(1)(a) is the appropriate charge.
Band 3 (7-10 marks): Thoroughly applies R v Walkington to establish that the storeroom is a 'part of a building' where Clara was a trespasser. Contrasts s.9(1)(a) and s.9(1)(b) clearly, explaining that Clara is guilty under s.9(1)(a) because she entered with intent to steal, and that her empty-handed exit does not negate this.

Question 3 · Source Application

10 marks

SOURCE MATERIAL

Source A: Theft Act 1968, Section 9 (Burglary)
(1) A person is guilty of burglary if—
(a) he enters any building or part of a building as a trespasser and with intent to commit any such offence as is mentioned in subsection (2) below; or
(b) having entered any building or part of a building as a trespasser he steals or attempts to steal anything in the building or that part of it or inflicts or attempts to inflict on any person therein any grievous bodily harm.

Source B: R v Jones and Smith [1976]
A person enters a building as a trespasser if they enter in excess of the permission (or licence) that has been given to them. If a person is given permission to enter a property for a specific, lawful purpose, but they enter with the sole intention of committing an offence (such as theft), they exceed their permission and enter as trespassers.

SCENARIO
David has been given a door key by his brother, Ethan. Ethan has told David he is welcome to enter the house at any time to watch television or feed Ethan's cat. One night, knowing Ethan is away on holiday, David uses the key to enter the house. David's sole purpose for entering is to take Ethan's brand-new laptop and sell it. David enters, takes the laptop, and leaves.

Apply the source material to the scenario to explain whether David has committed burglary under section 9 of the Theft Act 1968.

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Worked solution

1. Identify the legal issue: Does having a key and general permission to enter prevent a person from being a trespasser for the purposes of burglary?

2. Apply Source B (R v Jones and Smith): Under R v Jones and Smith [1976], a person becomes a trespasser if they enter in excess of the permission granted. Ethan's permission to David was limited to watching TV or feeding the cat. David entered with the sole intention of stealing Ethan's laptop. This purpose was in excess of his licence, meaning David entered as a trespasser.

3. Apply section 9(1)(a): David entered the house as a trespasser (having exceeded his licence) with the intent to steal the laptop. This satisfies all elements of s.9(1)(a) at the point of entry.

4. Apply section 9(1)(b): Having entered the house as a trespasser, David actually stole the laptop. This satisfies the actus reus and mens rea of s.9(1)(b). Therefore, David is guilty of burglary under both subsections.

Marking scheme

Band 1 (1-3 marks): Focuses on the fact that David had a key and concludes he cannot be guilty of burglary because he had permission to be there.
Band 2 (4-6 marks): Identifies the relevance of R v Jones and Smith and explains that David exceeded his permission. Applies this to show he is a trespasser, but provides limited application to s.9(1)(a) and s.9(1)(b).
Band 3 (7-10 marks): Provides a complete and detailed application of R v Jones and Smith. Explains that despite having a key, David's illegal purpose exceeded his licence, rendering him a trespasser. Correctly applies both s.9(1)(a) (entering with intent) and s.9(1)(b) (actually stealing) to conclude David is guilty under both provisions.

Paper 23 Section B

Answer one question from this section not using the source material.

2 Question · 30 marks

Question 1 · Describe Law

5 marks

Describe the sentencing aim of rehabilitation under the Sentencing Act 2020.

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Worked solution

Rehabilitation is a forward-looking sentencing philosophy aimed at reforming the offender rather than merely punishing them. It is designed to assist the offender in reintegrating into society as a law-abiding citizen. This is achieved by identifying and treating the underlying issues that lead to crime, such as substance abuse, mental health issues, or unemployment. Under the Sentencing Act 2020, judges and magistrates can implement rehabilitation through community orders with specific requirements, such as drug rehabilitation requirements, alcohol treatment, or unpaid work. This aim is heavily emphasized for young offenders, where the primary focus is on reform and welfare to prevent a lifetime of criminality.

Marking scheme

Award 1 mark for identifying rehabilitation as a forward-looking aim designed to reform behavior and prevent recidivism. Award 1 mark for explaining that it addresses root causes of crime (e.g., addiction, lack of education). Award up to 2 marks for providing examples of how courts achieve this (e.g., drug rehabilitation, education requirements under a community order, supervision). Award 1 mark for noting its particular importance or application to young offenders or first-time offenders.

Question 2 · Evaluate Effectiveness

25 marks

Evaluate the effectiveness of lay magistrates within the criminal justice system of England and Wales.

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Worked solution

Introduction: Lay magistrates (Justices of the Peace) are unpaid, part-time volunteers who play a vital role in the English legal system, hearing over 90% of all criminal cases. They handle summary offences, triable-either-way offences, bail applications, and sentencing (up to 6 months' imprisonment for a single offence, or 12 months for consecutive offences). They are advised on matters of law and procedure by a legally qualified Justices' Clerk.

Arguments for the effectiveness of lay magistrates:

Cost-effectiveness: Because magistrates are unpaid volunteers (receiving only travel and loss-of-earnings expenses), they save the taxpayer massive sums. Replacing them with professional District Judges would cost tens of millions of pounds annually in salaries and pensions.
Local knowledge and public participation: Traditionally, magistrates lived and worked in the local area, allowing them to understand local issues and community standards. Public participation in the judiciary also fosters trust and democratic legitimacy in the justice system.
Gender and ethnic diversity: Lay magistrates represent a very balanced gender split, with roughly 50% women (significantly higher than the professional judiciary). Ethnic diversity has also improved over recent years, making them more reflective of the wider community than senior judges.
Legal assistance: The presence of a legally qualified Justices' Clerk ensures that lay magistrates do not make legal errors, striking a good balance between lay common sense and legal expertise.

Arguments against the effectiveness of lay magistrates:

Lack of professional qualifications: Despite initial and ongoing training, magistrates are not legally qualified. This can sometimes lead to an over-reliance on the Justices' Clerk, who is supposed to advise on law but must not influence decisions on facts (e.g., as highlighted in cases like R v Uxbridge Justices, ex parte Burbridge).
Inconsistency in sentencing: There is a well-documented 'postcode lottery' in magistrate sentencing. Benches in different geographical regions often hand down wildly differing sentences for identical crimes, undermining the principle of fairness and consistency.
Bias and 'case-hardening': Since magistrates sit regularly and often hear similar cases, they can become cynical and 'case-hardened'. This sometimes leads to a perceived prosecution bias, where they are more likely to believe police officers over defendants.
Demographic imbalance (middle-class and elderly bias): Although gender diversity is strong, the average age of magistrates is over 50. Younger, working-class people are often unable to volunteer due to rigid employment commitments, leading to a bench dominated by retired or wealthy middle-class individuals.

Conclusion: In conclusion, lay magistrates remain a highly cost-effective and democratic element of the English legal system. While issues such as sentencing inconsistencies and lack of social representation persist, their value in providing community-based justice supported by professional clerks outweighs these challenges, provided ongoing recruitment reforms continue to target younger and more diverse candidates.

Marking scheme

Marking Scheme & Grade Descriptors (25 Marks Total):

Level 4 (19-25 marks): Candidate shows excellent, detailed knowledge of the role, selection, and training of lay magistrates. There is a highly developed, balanced, and critical evaluation of their effectiveness, covering cost, diversity, bias, and consistency. Accurate legal terminology and structure are maintained throughout.

Level 3 (13-18 marks): Candidate demonstrates good knowledge of lay magistrates and their functions. The evaluation of effectiveness is clear and structured, but may lack depth in some areas (e.g., focusing heavily on cost and age but neglecting the role of the clerk or sentencing consistency).

Level 2 (7-12 marks): Candidate shows basic knowledge of what magistrates do. The response is primarily descriptive with very limited or superficial evaluation. There may be errors in explaining their powers or selection process.

Level 1 (1-6 marks): Candidate displays fragmented or highly inaccurate knowledge of lay magistrates. No meaningful evaluation is attempted.

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