Cambridge A Level Law 9084 — 2017 May/June Paper 1 · Variant 1

This document consists of 2 printed pages, 2 blank pages and 1 Insert. DC (KN) 134937/1 © UCLES 2017 [Turn over Cambridge International Examinations Cambridge International Advanced Subsidiary and Advanced Level * 1 4 5 4 1 3 0 7 8 2 * LAW 9084/11 Paper 1 Structure and Operation of the English Legal System May/June 2017 1 hour 30 minutes No Additional Materials are required. READ THESE INSTRUCTIONS FIRST An answer booklet is provided inside this question paper. You should follow the instructions on the front cover of the answer booklet. If you need additional answer paper ask the invigilator for a continuation booklet. Answer three questions. The number of marks is given in brackets [ ] at the end of each question or part question.

2 9084/11/M/J/17 © UCLES 2017 Answer three questions. 1 Leona, aged 45, is a factory worker. She would like to become a magistrate. Explain how she should apply and, if successful, the training she would be expected to undertake. What challenges might she face in becoming a magistrate? [25] 2 Critically assess how necessary Equity is in today’s English legal system. [25] 3 The process of getting a proposed law from Bill to Act is unnecessarily complex. Explain the legislative process in Parliament and evaluate the truth of the above statement. [25] 4 Explain the jurisdiction of the County Court, including small claims. Discuss the advantages and disadvantages of bringing a small claim in this court. [25] 5 Describe the role of the Crown Prosecution Service (CPS) in the prosecution of crime. Critically assess the effectiveness of this body. [25] 6 Louis, aged 20, is attending a protest march against university fees where there is a large police presence. He is carrying a large rucksack and as it is a windy day he is wearing a scarf over his face. Explain the powers a police officer may have to stop, search and arrest Louis. Consider whether these powers provide adequate protection to a member of the public in this situation. [25]

3 9084/11/M/J/17 © UCLES 2017 BLANK PAGE

4 9084/11/M/J/17 © UCLES 2017 BLANK PAGE Permission to reproduce items where third-party owned material protected by copyright is included has been sought and cleared where possible. Every reasonable effort has been made by the publisher (UCLES) to trace copyright holders, but if any items requiring clearance have unwittingly been included, the publisher will be pleased to make amends at the earliest possible opportunity. To avoid the issue of disclosure of answer-related information to candidates, all copyright acknowledgements are reproduced online in the Cambridge International Examinations Copyright Acknowledgements Booklet. This is produced for each series of examinations and is freely available to download at www.cie.org.uk after the live examination series. Cambridge International Examinations is part of the Cambridge Assessment Group. Cambridge Assessment is the brand name of University of Cambridge Local Examinations Syndicate (UCLES), which is itself a department of the University of Cambridge.

® IGCSE is a registered trademark. This document consists of 7 printed pages. © UCLES 2017 [Turn over Cambridge International Examinations Cambridge International Advanced Subsidiary and Advanced Level LAW 9084/11 Paper 1 May/June 2017 MARK SCHEME Maximum Mark: 75 Published This mark scheme is published as an aid to teachers and candidates, to indicate the requirements of the examination. It shows the basis on which Examiners were instructed to award marks. It does not indicate the details of the discussions that took place at an Examiners’ meeting before marking began, which would have considered the acceptability of alternative answers. Mark schemes should be read in conjunction with the question paper and the Principal Examiner Report for Teachers. Cambridge will not enter into discussions about these mark schemes. Cambridge is publishing the mark schemes for the May/June 2017 series for most Cambridge IGCSE®, Cambridge International A and AS Level and Cambridge Pre-U components, and some Cambridge O Level components.

9084/11 Cambridge International AS/A Level – Mark Scheme PUBLISHED May/June 2017 © UCLES 2017 Page 2 of 7 Question Answer Marks 1 Leona, aged 45 is a factory worker. She would like to become a magistrate. Explain how she should apply and, if successful, the training she would be expected to undertake. What challenges might she face in becoming a magistrate? Band 1 [0 marks] Irrelevant answer. Band 2 [1–6 marks] Candidate gives a very basic explanation of the magistrate but with no real detail or accuracy. There may be very limited points of evaluation but these are not developed. Band 3 [7–12 marks] Candidate gives a brief but generally accurate explanation of the requirements and application process involved in becoming a magistrate. There may be a brief mention of training, but this may be superficial and poorly explained. There is unlikely to be any discussion of detail and very little, if any, reference to the analytical issues within the question. Band 4 [13–19 marks] Candidate gives a reasonable explanation of the requirements and application process involved in becoming a magistrate, but these may not have wide ranging detail at the lower end of the band. Training will be discussed but again, at the lower end of the band, detail may be omitted. Better candidates may begin to address the analytical issues of the problems associated with becoming a magistrate within the question, but at the lower end of the mark band this may be limited and unfocussed on the question. Band 5 [20–25 marks] Candidate gives a clear and very detailed explanation of the requirements and application process involved in becoming a magistrates and the training which needs to be undertaken. Candidate evaluates the issues and difficulties in becoming a magistrate. 25

9084/11 Cambridge International AS/A Level – Mark Scheme PUBLISHED May/June 2017 © UCLES 2017 Page 3 of 7 Question Answer Marks 2 Critically assess how necessary Equity is in today’s English legal system? Band 1 [0 marks] Irrelevant answer. Band 2 [1–6 marks] Candidate gives a very basic explanation of the concept of Equity, but goes no further. No illustration by way of case law. There may be very limited points of evaluation but these are not developed. Band 3 [7–12 marks] Candidate gives a brief but generally accurate explanation of the concept of equity. There may be brief mention of concept, maxims or remedies, but these may be superficial and poorly explained. There is unlikely to be any discussion of detail and very little, if any, reference to the analytical issues within the question. Band 4 [13–19 marks] Candidate gives a reasonable explanation of concepts, maxims and remedies, but these may not have wide ranging case or example illustration. Better candidates may begin to address the analytical issues of the modern use of Equity within the question, but at the lower end of the mark band this may be limited and unfocussed on the question. Band 5 [20–25 marks] Candidate gives a clear and very detailed explanation of the concepts, maxims and remedies with detailed and wide ranging illustrations. Candidate evaluates the issues of modern use within the question well, using a good range of illustration and case law. 25

9084/11 Cambridge International AS/A Level – Mark Scheme PUBLISHED May/June 2017 © UCLES 2017 Page 4 of 7 Question Answer Marks 3 The process of getting a proposed law from Bill to Act is unnecessarily complex. Explain the legislative process in Parliament and evaluate the truth of the above statement. Band 1 [0 marks] Irrelevant answer. Band 2 [1–6 marks] Candidate gives a very basic explanation of the process in Parliament, but goes no further. There may be very limited points of evaluation but these are not developed. Band 3 [7–12 marks] Candidate gives a brief but generally accurate explanation of the process in Parliament, including all of the stages with no detail or some of the stages with very little detail. There may be limited and undeveloped points of evaluation. Band 4 [13–19 marks] Candidate gives a reasonable explanation of the process in Parliament including all of the stages with some detail, or most of the stages with good detail. Better candidates may address the evaluative aspect of the question, but at the lower end of the mark band this may be limited and lack focus on the question. Band 5 [20–25 marks] Candidate gives a clear and very detailed explanation of the process in Parliament including all of the stages with good levels of detail. Candidate addresses the evaluative aspect of the question well, with developed arguments and reasoned conclusions. 25

9084/11 Cambridge International AS/A Level – Mark Scheme PUBLISHED May/June 2017 © UCLES 2017 Page 5 of 7 Question Answer Marks 4 Explain the jurisdiction of the County Court, including small claims. Discuss the advantages and disadvantages of bringing a small claim in this Court. Band 1 [0 marks] Irrelevant answer. Band 2 [1–6 marks] Candidate gives a very basic explanation of the jurisdiction of the County Court but goes no further. There may be very limited points of evaluation but these are not developed. Band 3 [7–12 marks] Candidate gives a brief but generally accurate explanation of the jurisdiction of the County Court. There may be brief mention of detail, but this may be superficial and poorly explained. There is likely to very little, if any, reference to the analytical issues within the question. Band 4 [13–19 marks] Candidate gives a reasonable explanation of the jurisdiction of the County Court, but this may not be wide ranging or detailed. Better candidates may begin to address the analytical issues but at the lower end of the mark band this may be limited and unfocussed on the question. Band 5 [20–25 marks] Candidate gives a clear and very detailed explanation jurisdiction of the County Court. Candidate evaluates the advantages and disadvantages of the process, perhaps including detail of why the process was created. 25

9084/11 Cambridge International AS/A Level – Mark Scheme PUBLISHED May/June 2017 © UCLES 2017 Page 6 of 7 Question Answer Marks 5 Describe the role of the Crown Prosecution Service (CPS) in the prosecution of crime. Critically assess the effectiveness of this body. Band 1 [0 marks] Irrelevant answer. Band 2 [1–6 marks] Candidate gives a very basic explanation of the role of the CPS but goes no further. There may be very limited points of evaluation but these are not developed. Band 3 [7–12 marks] Candidate gives a brief but generally accurate explanation of the role of the CPS. There may be brief mention of detail, but this may be superficial and poorly explained. There is likely to very little, if any, reference to the analytical issues within the question. Band 4 [13–19 marks] Candidate gives a reasonable explanation of the role of the CPS, but this may not be wide ranging or detailed. Candidate can explain the criteria used in prosecution decisions. Better candidates may begin to address the analytical issues and discuss some cases as examples of miscarriages of justice prior to the creation of the CPS but at the lower end of the mark band this may be limited and unfocussed on the question. Band 5 [20–25 marks] Candidate gives a clear and very detailed explanation of the role of the CPS with detailed explanation of the prosecution criteria and use of cases to illustrate this. Candidate considers the analytical issues concerning miscarriages of justice in some detail drawing well-reasoned conclusions. 25

9084/11 Cambridge International AS/A Level – Mark Scheme PUBLISHED May/June 2017 © UCLES 2017 Page 7 of 7 Question Answer Marks 6 Louis, aged 20, is attending a protest march against university fees where there is a large police presence. He is carrying a large rucksack and as it is a windy day he is wearing a scarf over his face. Explain the powers a police officer may have to stop, search and arrest Louis. Consider whether these powers provide adequate protection to a member of the public in this situation. Band 1 [0 marks] Irrelevant answer. Band 2 [1–6 marks] Candidate gives a very basic explanation of the police powers of stop, search and/or arrest, but goes no further. There is unlikely to be any illustration by way of case law, statute or codes. There may be very limited points of evaluation but these are simplistic and not developed. Band 3 [7–12 marks] Candidate gives a brief but generally accurate explanation of police powers of stop, search and/or arrest. There may be brief mention of cases, statute or codes, but these may be superficial and poorly explained. There is unlikely to be any discussion of detail and very little, if any, reference to the analytical issues within the question. Band 4 [13–19 marks] Candidate gives a reasonable explanation of police powers of stop, search and arrest, but these may not have wide ranging case, code or statute or example illustration. Better candidates may begin to address the analytical issues of the protection of rights within the question, but at the lower end of the mark band this may be limited and unfocussed on the question. Band 5 [20–25 marks] Candidate gives a clear and very detailed explanation of the police powers of stop, search and arrest with detailed and wide ranging illustration, using cases, statute and codes with a high level of accuracy. Candidate evaluates the issues of protection of rights within the question well, using a good range of illustration and case law. 25