Question: 1. 'The prisons are overcrowded so it would be far better to impose community sentences.' Critically discuss this statement and examine the circumstances in which

1. 'The prisons are overcrowded so it would be far better to impose community sentences.' Critically discuss this statement and examine the circumstances in which a court might choose to impose a community sentence. [25] 2. Evaluate the protection given under the Police and Criminal Evidence Act 1984 and the Codes of Practice where a defendant is arrested by the police. To what extent do you think this protection is adequate? [25] 3. 'The passage of the Human Rights Act 1998 was an important step in the development of the rights of individuals.' -- Consider the validity of this statement using appropriate examples. [25] 4. Evaluate the different tools available to the judiciary when interpreting legislation and explain which of these tools you regard as the most useful. [25] 5. 'Delegated legislation has an important role in the development of the law but it threatens democracy which is too high a price to pay for its contribution as a source of law.'-- Critically assess this statement. [25] 6. 'The contribution of Equity to the development of the law lies in the creation of new rights and remedies, but the maxims of Equity have also played an important role in many areas of law.' -- Discuss this statement giving examples of rights, remedies and maxims introduced by Equity. [25] 7. 'The Magistrates' Court represents one of the main pillars of the English Legal System.' Discuss the validity of this view. [25] 8. Critically assess the extent to which untrained and unqualified members of the public are used in decision making in the criminal courts. [25] 9. To what extent would you say that the rights of a citizen suspected of committing a criminal offence are protected by the Codes of Practice contained within the Police and Criminal Evidence Act of 1984? [25] 10. 'Opportunities for solicitors have improved greatly in recent years.'-- Discuss whether professional opportunities for solicitors have increased as their role has become more integrated with that of barristers. To what extent has there been fusion between the two branches of the legal profession? [25] 11. In DPP v Cheeseman(1990) the Divisional Court refused to be bound by obsolete definitions of words in the statute before it and therefore departed from the literal rule of interpretation. Where this situation arises, what alternative approaches can the court explore before reaching a decision and which of these is to be preferred? You should refer to decided cases in your answer. [25] 12. Adela is charged with the theft of a pair of binoculars valued at 75. Protesting her innocence, she tells her solicitor that she wishes to be tried by a jury of her peers. Explain the procedures that will now take place and indicate the strengths and weaknesses of trial by jury. [25]

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