Hurtwood House School

Law is a truly modern and global subject – all of our lives are touched by it and hopefully we live within its guidelines! The Law department at Hurtwood is very well established and is based on a desire to help students learn about the society in which they live. We believe an understanding of how a legal system works is an integral part of becoming a responsible member of a democratic society and making the transition to adulthood. We aim to develop awareness and teach the skills of logical thinking, analysis and evaluation alongside an ability to see the bigger picture.
 
By the end of the first year the students will have a detailed knowledge of the workings of the English Legal System and an overview of the role of law and justice within our society. There is also an opportunity to see how our system compares to that used in other countries and, in particular, to explore our relationship with the European Union.

The AS course is self-contained but we hope students will continue to the full A-Level part of the course where they study the criminal law in depth. This provides a degree of specialist knowledge which can be useful at undergraduate level and it helps develop the skills of analysis, logical thinking and independent learning which are so critical in life, providing a fascinating insight into the human psyche!

During the year students improve their written skills by learning good essay technique and they are taught to deal with hypothetical criminal law questions in just the same way a solicitor or barrister would handle them. Towards the end of the second year there is an opportunity to combine the knowledge and skills acquired in both years of the course and pull them together into a coherent whole which is both challenging and satisfying.
 
To make the subject accessible to students from a wide range of abilities and cultural backgrounds the course is structured into manageable topics, normally of a week’s duration. Every topic has a worksheet with tasks to be completed by the student and there is an accompanying handout written by the department which gives the students all the factual information they need to know. Extra resources such as newspapers, legal journals, case reports and media footage all help to bring the subject alive and broaden the student’s awareness and knowledge.

Although the department hopes students will not experience the workings of the system from the wrong side of the legal divide, we do take trips to courts so they can see the law working for real.

STELLA SHARMA LLB (Honours)
Stella graduated in Law from Coventry University in 1994 and took a PGCE specialising in Law at 6th Form level before moving to teach Law at Reigate College where she became Head of Department.
 
In 2001 Stella moved to Thailand and taught English up to IGCSE at Harrow International School. She travelled extensively and was involved in a project for the Thai Red Cross, photographing snakes and writing information for English-speaking tourists on the subject.
 
Since returning to England in 2003 Stella has taught Law in sixth-form colleges in Cardiff and Manchester. She is an examiner for OCR and has marked on both English Legal System and Criminal Law modules. Stella has a qualification in teaching learners with specific learning difficulties and she is responsible for processing examination concessions. Her leisure interests include photography, yoga, reflexology, massage, running, hiking, reading, cooking and travelling.

THE FIRST YEAR AN AS COURSE OUTLINE

• AS Law consists of 50% of the total assessment for an A-Level.
• An AS certificate can be attained at the end of the first year of study for those who do not choose to go on to study the full A-Level.

A SUMMARY OF THE AS COURSE
 
Unit 1 – English Legal System – (G141)
This paper is worth 60% of the total AS marks. In Section A candidates must answer at least one from a choice of five essay-based questions to demonstrate knowledge, analysis and evaluation. In Section B candidates must answer at least one from a choice of two application-style questions to demonstrate knowledge and application skills. Candidates must answer four questions in total. The examination lasts two hours and is worth 120 marks.

• Police Powers
• Civil courts and other methods of dispute resolution
• Criminal process and the criminal courts
• Penal system
• Judiciary
• Legal Personnel
• Lay people in the legal system
• Provision of legal services

Unit 2 - Sources of Law – (G142)
This paper is worth 40% of the total AS marks. It is based on the English Legal System and consists of two source-based questions involving analysis, explanation or legal reasoning. Candidates must answer one question. The examination lasts one hour and is worth 60 marks.

• Doctrine of precedent
• Legislation
• European law
• Law reform

THE AS-LEVEL SPECIFICATION CONTENT

Unit 1 – English Legal System – (G141)

• Police powers - stop and search, arrest, detention and treatment of suspects at the police station. Balance of individual rights and the need for investigative powers.
• Criminal courts – pre-trial matters, bail, plea before venue, mode of trial. Jurisdiction of Magistrates’ Court and Crown Court at first instance.
• Criminal Appeals – appeals and appellate courts. Prosecution and defence rights of appeal.
• Principles of sentencing – aims of sentencing, purpose and effects of sentencing, reoffending rates.
• Powers of the courts – an understanding of the different types of sentences eg custodial, community, fines and discharges, compensation and other powers.
• Civil courts – County Court and High Court: jurisdiction at first instance, small claims, fast-track, multi-track. Appeals and appellate courts. Problems of using the courts.
• Alternatives to the courts (dispute resolution) – arbitration, conciliation, mediation.
• Barristers and solicitors – training and work, regulation and complaints.
• Judiciary – selection and appointment, social background, training, tenure, independence, role. The theory of the separation of powers.
• Lay Magistrates – selection and appointment, social background, training, role (including that of the clerk), evaluation and criticism.
• Juries – qualifications of jurors, selection of jury panels, role in criminal and civil cases, evaluation and criticism. Alternatives to jury.
• Government funding – Legal Services Commission, Community Legal Service, Criminal Defence Service, Public Defender Service, funding of civil and criminal cases, advice schemes in civil and criminal cases. Access to justice.
• Advice agencies – purpose and role of Citizens’ Advice Bureaux, law centres, other agencies.
• Role of the legal profession - private funding, conditional fees.

Unit 2 - Sources of Law – G142

• Mechanics of precedent – precedent as operated in the English Legal System, stare decisis, obiter dicta, ratio decidendi, hierarchy of the courts, binding and persuasive precedent, overruling, reversing, distinguishing.
• Law making potential – original precedent, the Practice Statement 1966, distinguishing, the role of the judges.
• Acts of Parliament – Green Papers, White Papers, legislative stages in Parliament.
• Delegated legislation – Orders in Council, statutory instruments, bylaws, control of delegated legislation including Parliamentary Scrutiny Committees and Judicial review, reasons for delegating legislative powers.
• Statutory interpretation – literal canon, golden canon, mischief canon, purposive approach, rules of language, presumptions, intrinsic and extrinsic aids, effects of EU membership on interpretation.
• European law – role of the Council, Commission, Parliament and the European Court of Justice, including Art 234 references.
• Primary and secondary sources of EU law – treaties, regulations, directives and decisions, their implementation and enforcement, the impact of EU law on domestic legal institutions and laws.
• Law reform – the role of Parliament, the role of the judges, effect of public opinion and pressure groups.
• Law Reform Agencies – the role of the Law Commission, Royal Commissions and other agencies in outline. 

A SUMMARY OF THE COURSE

Unit 3A - Criminal Law (G143)
This module is worth 30% of the total A-Level. In Section A candidates must answer one essay from a choice of three. In Section B they must answer one Problem question from a choice of three and in Section C they must answer one Dilemma Board (objective reasoning) question from a choice of two. The examination lasts two hours and is worth 120 marks.

• Principles of criminal liability
• Attempted crimes
• Offences against the person
• General defences
• Non-fatal offences against the person
• Offences against property
   

Unit 4  - Criminal Law Special Study – (G144)
This paper is worth 20% of the total A-Level. It consists of questions on source material provided on a substantive area of law in the context of legal processes, legal issues and the development of the law. Candidates must answer all three questions. The examination lasts for an hour-and-a-half and is worth 80 marks.

TOTAL A2 EXAMINATION TIME 3 HOURS 30 MINUTES
THE A-LEVEL SPECIFICATION CONTENT

Unit 3A - Criminal Law - (G143)

• Actus reus – general principles, omissions creating liability, principles of causation.
• Mens rea – intention, foresight of consequences, recklessness, gross negligence, transferred malice.
• Strict liability – distinguish from absolute liability, statutory nature, interpretation by courts, policy issues, social utility, defences. 
• Attempts – statutory definition, actus reus and mens rea, meaning of ‘more than merely preparatory’, attempts to do the impossible.
• Murder – actus reus and mens rea, defences of provocation and diminished responsibility.
• Involuntary Manslaughter – constructive (unlawful act) manslaughter, killing by gross negligence, reckless manslaughter
• Insanity – M’Naghten Rules, effects of insanity as a defence.
• Automatism – definition, self-induced automatism, distinctions between insane and non-insane automatism.
• Duress and necessity – scope and nature of the defences, self-induced duress, duress of circumstances, limits to their availability.
• Intoxication – voluntary intoxication and its effect on different offences, involuntary intoxication, specific/basic intent dichotomy, intoxicated mistake, public policy issues.
• Assaults – assault and battery, actual bodily harm, wounding, grievous bodily harm, proposals for reform.
• Defences – self defence/defence of another/prevention of crime, degree of force, mistaken use of force in self defence. Consent and limitations on this defence.
• Theft – actus reus and mens rea - meaning of appropriation and dishonesty.
• Other offences – robbery and burglary.

Unit 4 - Criminal Law Special Study – (G144)
This module is based on a special study booklet sent out to centres for the following June examination which provides a starting point for study of the topics set. Each booklet contains source material such as extracts from judgments or Acts of Parliament or academic articles on a specific area of Criminal Law. The booklet contains materials from a selected topic of substantive law which is to be tested in the context of the overall theme of ‘the role of the judges, precedent, the application of statutory materials, and the development of the law’. 

We have students from a wide range of academic and cultural backgrounds but it will help if you have at least a reasonable standard of English.
 
Beyond that if you have enthusiasm, views, a willingness to debate and justify your opinions along with an inquiring mind you have the makings of a successful Law student!

Pannick – ‘Advocates’
Robertson – ‘The Justice Game’
Berlins and Dyer – ‘The Law Machine’
White – ‘The English Legal System in Action’
Kennedy – ‘Eve Was Framed’
Lord Denning – ‘The Due Process of Law’
Martin – ‘Keyfacts: Criminal Law’
Lidbury and Storey – ‘Criminal Law’
Clarkson – ‘Understanding Criminal Law’
Allen – ‘Criminal Law’
Smith and Hogan – ‘Criminal Law ‘
Elliot and Woods – ‘Cases and Materials on Criminal Law’
‘Student Law Review’
‘New Law Journal’
‘Times Law Supplement’
A quality daily newspaper

www.lawontheweb.co.uk – an extensive introductory site
www.lawstudents.org.uk – a site written for and by law students
www.lawcareers.co.uk – gives insight into legal jobs and training contracts
www.infolaw.co.uk – an introductory site
www.lawsociety.org.uk – the official Law Society website
www.barcouncil.org.uk – the official Bar Council website
www.cix.co.uk/-jsb – the official Judicial Studies Board website
www.justask.org.uk – the Community Legal Service website
www.opengov.uk – gateway to all government websites
www.hmso.uk/acts.hum - access to all statutes passed since 1998
www.lcd.gov.uk – Lord Chancellor’s Department website
www.lawco.gov.uk – Law Commission website
www.homeoffice.gov.uk – Home Office website
www.privy-council.org.uk – Privy Council website
www.courtservice.gov.uk – courts website
www.criminal-courts-review.org.uk – site on criminal appeal
www.butterworths.com – legal publishers website
www.sweetandmaxwell.co.uk – legal publishers website
www.thetimes.co.uk/law -  the Times Law Supplement
www.cjsonline.org – criminal justice issues website
www.howardleague.org – penal issues website
www.amnesty.org.uk – penal issues website
www.innocent.org.uk – penal issues website
www.dhcour.coe.fr – ECHR website
www.europa.eu.int – EU website

This table shows the A-Level results achieved by the Law Department since Curriculum 2000 was introduced and the Law department is proud of its achievements, especially as they are attained without the benefit of coursework or practical assessment assistance!