Question: ENGLISH LEGAL SYSTEM
ASSIGNMENT 1
Role
You are employed as a trainee solicitor with Singh & Co who specialise in criminal
work and also civil work.
Scenario 1
David has been arrested by two police officers, Smith and Jones, as he was running
out of a house belonging to Mrs Kitchener, a rich old lady. He had just burgled the
house. (The crime of burglary is an arrestable offence.) When they arrested him,
the officers told him that he had no right to remain silent.
The officers took him down to the police station for questioning. On their arrival,
David asks the custody officer if he can call his brother to tell him what has
happened. The custody officer refuses to allow him to make the call and David is not
allowed to see a solicitor.
The investigating officer, Sergeant Bruce, starts to question David about the incident
without taking any record of the interview. After leaving the station, PCs Smith and
Jones go round to Mrs Kitchener's house to search for evidence without a
warrant. They think that they might find David's fingerprints on the door and
window.
David is charged with burglary.
Taskl
Referring to the Police and Criminal Evidence Act 1984 in your answer, prepare a
report advising David on all the points below:
a. were the officers right to arrest him without a warrant ?
b. does David have a right to remain silent ?
c. what might happen in his trial if he did remain silent ?
d. was the custody officer right not to allow David to make a phone call ?
e. was the custody officer right to refuse to allow David to see a
solicitor ?
f. was Sergeant Bruce right not to tape record the interview with David ?
g. were the officers right to search Mrs Kitchener's house without a
warrant ?
h. in which court might David's trial be held ? Describe the appeal route open
to David if he is unhappy with the outcome of the trial.
Scenario 2
Mr Sands has been approached by another client, Julia Jones, who recently sustained
whiplash injuries during a car accident. Miss Jones wishes to make a claim through
the civil courts. However, before Mr Sands proceeds with giving Miss Jones any
advice, he has asked you to prepare a report outlining the main changes made by the
Woolf reforms. He also tells you that there are two conflicting cases which will
affect Miss Jones' legal position. One is a case decided in the High Court in 1981,
and the other was a Court of Appeal case in 1995.
Task2
Write a report discussing the main changes made by the Woolf reforms of the civil
court system and what difference they have made to people using the civil courts.
Mr Sands also asks you to name the source of law which comes from decided cases,
and give your opinion (with reasons) on which of the two cases will be followed by
the court in Miss Jones' case.
Answer: TASK 1
Introduction:
Below I have compiled a report outlining my findings that will assist David on his
current circumstance referring to the Police and Criminal Evidence Act 1984.
Findings:
Police and Criminal Evidence Act 1984:
Arrest:
Arrest is where people can be detained against their will. If the arrest is carried out
according to the law then it is lawful. Person can be arrested with or without a
warrant.
The magistrates’ issue a warrant of arrest. The police apply in writing and backing up
the application with an oral statement. When an arrest warrant has been issued the
police may enter and search premises to make the arrest.
Police officers can arrest without a warrant when they have reasonable suspicion a
suspect has committed or is committing, or is about to commit an arrestable offence.
Under s. 24 of PACE
Form above we can conclude that the two officers Sm...(short extract)
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- Subject: Law
- Course: English Legal System
- Level: Degree
- Year: 2nd/3rd
- Mark: 78%
- Words: 1938
- Date submitted: April 18, 2009
- Date written: February, 2008
- References: Yes
- Document type: Essay*
- Essay ID: 1453
