This is an individual assignment and carries 50% of the module mark (word limit: 2000 words). It covers the following learning outcomes for the unit: 2 Demonstrate an in-depth understanding….
When interpreting a word or phrase in a statute, is a court most likely to refer to the long title of a statute when applying the literal or mischief rule of statutory interpretation
- Explain the difference between the literal, golden and mischief rule. (8 marks)
- When interpreting a word or phrase in a statute, is a court most likely to refer to the long title of a statute when applying the literal or mischief rule of statutory interpretation? (3 marks)
- Does the 1976 Act concern bail in civil or criminal cases or both? (3 marks)
- Under the 1976 Act, at what age does a person cease to be a ‘child’? (2 marks)
- Marnie has been found not guilty of arson by reason of insanity. Has Marnie been ‘convicted’ of an offence under the 1976 Act? (2 marks)
- John has been charged with theft and is due to appear in the Crown Court for trial. John tells you that he has read S3 sub sections 1-6 of the 1976 Act but can’t understand what they mean. Write a summary explaining the main effect of S3 (sub sections 1-6 only). (6 marks)
- What conditions have to be met before a court can impose an ‘electronic monitoring requirement’ under the 1976 Act? (5 marks)
- Adil has been charged with theft and has applied to the Magistrate’s Court for bail. Under S4 of the 1976 Act, should the magistrates proceed on the basis that they should grant him bail unless there are reasons not to do so or on the basis that they should not grant him bail unless there are reasons to do so? (3 marks)
- Ben has been charged with arson and has applied to the Magistrate’s Court for bail. Ben intends to plead not guilty despite video evidence clearly showing him starting a fire in a dustbin near a block of flats. Ben lives with his mother and has a full time job working in a fast food restaurant. Ben has one previous conviction, two years ago, for setting fire to a car. He was granted bail prior to his trial for setting fire to the car and appeared in court at the appointed time for his trial.
Advise Ben whether he likely to be granted bail under the 1976 Act before his trial for setting fire to the dustbin.
Would it make any difference to your answer if Ben was already on bail pending trial for another offence at the time he is alleged to have set fire to the dustbin? (12 marks)
- Del was granted bail pending his trial for violence at a football match in the UK. He failed to turn up for his trial because doing so would have caused him to miss watching an important football match involving the team he supports.
- a) Dell is likely to have committed an offence under the 1976 Act.
- b) If Del has committed an offence under the 1976 Act and is tried for doing so summarily, the maximum sentence the magistrates can impose upon him.
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