Look inside the OCR A-Level Law guide (H418)

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Look inside the OCR A-Level Law guide

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OCR · A-Level · H418
Law
Active Recall Guide
1,624 questions
LawContents
Contents
44 topics, 97 subtopics
  1. Civil Courts and Other Forms of Dispute Resolution51
  2. Criminal Courts and Lay People63
  3. Legal Personnel41
  4. Access to Justice48
  5. Rules and Theory of Criminal Law37
  6. General Elements of Criminal Liability57
  7. Fatal Offences Against the Person57
  8. Non-Fatal Offences Against the Person63
  9. Offences Against Property50
  10. Mental Capacity Defences39
  11. General Defences38
  12. Preliminary Offences33
  13. and 32 more
ii
Criminal Courts and Lay PeopleQuestions
Criminal Courts and Lay People
The criminal process and classification of offences
  1. What are summary offences and where are they tried?
  2. Define triable either-way offences and explain where they may be heard.
  3. Can a defendant choose to have their triable either-way case heard in the Crown Court?
  4. What are indictable offences and in which court must they be tried?
  5. Over which types of offences does the Magistrates' Court have jurisdiction?
  6. What jurisdiction does the Crown Court have in criminal cases?
  7. What happens at an allocation hearing for a triable either-way offence?
  8. What is the pre-trial procedure for indictable offences?
  9. What is a plea before venue hearing?
12
Criminal Courts and Lay PeopleAnswers
Answers
The criminal process and classification of offences
  1. Summary offences are the least serious criminal offences, triable only in the Magistrates' Court.
  2. Triable either-way offences can be tried in either the Magistrates' Court or the Crown Court, depending on the seriousness of the case and the defendant's choice.
  3. Yes, the defendant can elect Crown Court trial even if magistrates consider the case suitable for summary trial.
  4. Indictable offences are the most serious criminal offences, triable only in the Crown Court.
  5. The Magistrates' Court has jurisdiction over summary offences and triable either-way offences where the case remains in that court.
  6. The Crown Court has jurisdiction over indictable offences and triable either-way offences that are sent or committed to it.
  7. If the defendant pleads not guilty, an allocation hearing is held to determine whether the case is suitable for summary trial or should be sent to the Crown Court.
  8. A preliminary hearing takes place in the Magistrates' Court before the case is sent to the Crown Court.
  9. A hearing where the defendant indicates their plea for a triable either-way offence before the court decides where the case will be tried.
13
Law ReformQuestions
Law Reform
Influences on Parliament
  1. How do political parties influence the law that Parliament makes?
  2. Give an example of an Act passed to fulfil a manifesto commitment.
  3. What is the Salisbury Convention?
  4. What are an advantage and a disadvantage of political influence on law making?
  5. How can public opinion influence Parliament?
  6. Give an example of legislation passed in response to public opinion.
  7. How can the media influence law making?
  8. Give an example of a media campaign that influenced the law.
  9. What are an advantage and a disadvantage of the media's influence on law making?
34
Law ReformAnswers
Answers
Influences on Parliament
  1. Each party publishes a manifesto before a general election, and the party that forms the government uses its majority to turn its manifesto promises into Acts of Parliament.
  2. The Human Rights Act 1998, which delivered Labour's 1997 manifesto promise to incorporate the European Convention on Human Rights into UK law.
  3. The convention that the House of Lords does not vote down at second reading a government Bill that carries out a manifesto commitment, because the government has an electoral mandate for it.
  4. It is democratic, because voters chose the manifesto; but laws can be reversed when the government changes, as when the Identity Cards Act 2006 was repealed by the Identity Documents Act 2010.
  5. MPs respond to what voters want in order to be re-elected, and public pressure can be shown through campaigns, marches and parliamentary e-petitions, which are considered for debate once they reach 100,000 signatures.
  6. After the Dunblane school shooting in 1996, the Snowdrop Campaign led to the Firearms (Amendment) Acts 1997, which banned most private ownership of handguns.
  7. Newspapers, broadcasters and social media draw attention to an issue and run campaigns that increase pressure on the government to act.
  8. After Sarah Payne was murdered in 2000, the News of the World campaigned for 'Sarah's Law', leading to a duty to consider disclosing child sex offenders' convictions (inserted by the Criminal Justice and Immigration Act 2008) and the Child Sex Offender Disclosure Scheme in 2011.
  9. The media can raise awareness of real problems the government would otherwise ignore; but sensational coverage can cause rushed, badly drafted 'knee-jerk' laws such as the Dangerous Dogs Act 1991.
35
Key Provisions of the European Convention on Human RightsQuestions
Key Provisions of the European Convention on Human Rights
Articles 5 and 6: liberty and a fair trial
  1. What does Article 5 of the ECHR protect?
  2. What right does Article 6 of the ECHR guarantee?
  3. Under Article 5, when may a person be lawfully detained following a court's decision on guilt?
  4. What ground under Article 5 permits detention when someone fails to obey a court's lawful direction?
  5. On what basis does Article 5 permit arrest before a person has been charged or convicted?
  6. Under Article 5, for what purpose may minors be lawfully detained?
  7. What public health ground under Article 5 permits lawful detention?
  8. Which categories of persons may be lawfully detained under Article 5 on grounds relating to their mental state or lifestyle?
  9. What information must be given promptly to anyone arrested under Article 5?
56
Key Provisions of the European Convention on Human RightsAnswers
Answers
Articles 5 and 6: liberty and a fair trial
  1. The right to liberty and security, meaning no one shall be deprived of their liberty except in accordance with a procedure prescribed by law.
  2. The right to a fair trial, including a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law.
  3. After conviction by a competent court.
  4. Detention for non-compliance with a lawful court order.
  5. On reasonable suspicion of committing an offence.
  6. For educational supervision.
  7. To prevent the spread of infectious diseases.
  8. Persons of unsound mind, alcoholics, drug addicts, or vagrants.
  9. The reasons for the arrest and any charge against them.
57
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