OCR
GCE
Law
H418/03: The nature of law and human rights
A Level
Merged Question Paper + Mark Scheme
Ace your Mocks!!!
, Oxford Cambridge and RSA
Monday 10 June 2024 – Morning
A Level Law
H418/03 The nature of law and human rights
Time allowed: 2 hours
* 1 3 4 5 3 6 3 6 3 5 *
You must have:
• the OCR 12-page Answer Booklet
INSTRUCTIONS
• Use black ink.
• Write your answer to each question in the Answer Booklet. The question numbers must
be clearly shown.
• Fill in the boxes on the front of the Answer Booklet.
• Answer four questions in total:
• Answer one question in Section A.
• Choose one part in Section B. Answer the three questions for that part.
INFORMATION
• The total mark for this paper is 80.
• The marks for each question are shown in brackets [ ].
• Quality of extended response will be assessed in questions marked with an asterisk (*).
• This document has 4 pages.
ADVICE
• Read each question carefully before you start your answer.
The first two questions are based on the scenarios below. The scenarios are not related.
Kobe is a foreign student studying at a UK university. He is accused of a serious assault by another
student, Zayn. He is arrested and interviewed by police. When Kobe asks for a translator he is told
that his English ‘must be good enough’ because he is a student at a British university. He is not told
about his basic rights, including the right to a solicitor. The police have some CCTV images which
they claim show Kobe in the vicinity of the assault at the relevant time. They refuse to give copies of
the images to Kobe. The trial is delayed by 18 months and Kobe is unable to access legal assistance
other than two hours of initial advice under legal aid. At the trial a witness claims to have heard Kobe
threaten ‘to beat Zayn up’. The witness is allowed to give his evidence anonymously and Kobe does
not know who it is. Kobe is found guilty of the assault.
Following a serious assault, the police have been issued with a description of a suspect aged in his
forties who is wearing a football scarf. Police Constable (PC) Smith is patrolling the town centre when
he sees Henry, a known troublemaker, who has a criminal record for theft. Henry is wearing a football
shirt, but he has no scarf and is only 25 years old. PC Smith approaches Henry and searches him
saying “been up to your old tricks again Henry?” PC Smith does not give Henry any explanation for
the search. Henry tells PC Smith that he has spent the whole day with his friend, Felix. Later that day,
PC Smith goes to Felix’s home where he finds him in his front garden. He enters the garden and tells
Felix, falsely, that Henry has named him as the person who committed the assault and searches him.
As he questions Felix, PC Smith secretly switches on his body camera and films him. Felix is angry at
Henry and starts making allegations blaming him.
3 Advise Kobe whether his right to a fair trial under Article 6 has been breached. [20]
4 Advise both Henry and Felix whether their searches by PC Smith were lawful under the Police
and Criminal Evidence Act 1984, and also whether the recordings from the body camera could be
used as evidence in any trial. [20]
Essay question on human rights law
5* The judicial interpretation of the rights within Article 8 has become so broad that it lacks any
useful certainty.
Discuss the extent to which you agree with this view of Article 8. [20]
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