AQA
A-level
LAW
7162/1
Paper 1
Mark scheme
June 2023
2
, MARK SCHEME – A-LEVEL LAW – 7162/1 – JUNE
2023
Level of response marking instructions
Level of response mark schemes are broken down into levels, each of which has a descriptor. The
descriptor for the level shows the average performance for the level. There are marks in each level.
Before you apply the mark scheme to a student’s answer read through the answer and annotate it (as
instructed) to show the qualities that are being looked for. You can then apply the mark scheme.
Step 1 Determine a level
Start at the lowest level of the mark scheme and use it as a ladder to see whether the answer meets the
descriptor for that level. The descriptor for the level indicates the different qualities that might be seen in
the student’s answer for that level. If it meets the lowest level then go to the next one and decide if it
meets this level, and so on, until you have a match between the level descriptor and the answer. With
practice and familiarity you will find that for better answers you will be able to quickly skip through the
lower levels of the mark scheme.
When assigning a level you should look at the overall quality of the answer and not look to pick holes in
small and specific parts of the answer where the student has not performed quite as well as the rest. If
the answer covers different aspects of different levels of the mark scheme you should use a best fit
approach for defining the level and then use the variability of the response to help decide the mark within
the level, ie if the response is predominantly level 3 with a small amount of level 4 material it would be
placed in level 3 but be awarded a mark near the top of the level because of the level 4 content.
Step 2 Determine a mark
Once you have assigned a level you need to decide on the mark. The descriptors on how to allocate
marks can help with this. The exemplar materials used during standardisation will help. There will be an
answer in the standardising materials which will correspond with each level of the mark scheme. This
answer will have been awarded a mark by the Lead Examiner. You can compare the student’s answer
with the example to determine if it is the same standard, better or worse than the example. You can then
use this to allocate a mark for the answer based on the Lead Examiner’s mark on the example.
You may well need to read back through the answer as you apply the mark scheme to clarify points and
assure yourself that the level and the mark are appropriate.
Indicative content in the mark scheme is provided as a guide for examiners. It is not intended to be
exhaustive and you must credit other valid points. Students do not have to cover all of the points
mentioned in the indicative content to reach the highest level of the mark scheme.
An answer which contains nothing of relevance to the question must be awarded no marks.
3
, MARK SCHEME – A-LEVEL LAW – 7162/1 – JUNE
2023
01 Which one of the following can be used as evidence for the defence of diminished
responsibility under s2 of the Homicide Act 1957?
[1 mark]
Marks for this question: AO1 = 1
D The defendant’s mental functioning was substantially impaired.
02 Which one of the following statements about offences of strict liability is true?
[1 mark]
Marks for this question: AO1 = 1
A A person may be liable even though they took all reasonable care.
03 Which one of the following statements about the role of magistrates is false?
[1 mark]
Marks for this question: AO1 = 1
C Magistrates can try indictable only offences.
04 Which one of the following is the best reason for State funding (legal aid) being granted
for a trial in a criminal case?
[1 mark]
Marks for this question: AO1 = 1
D The defendant’s trial will involve consideration of a substantial point of law.
05 Which one of the following is an example of an aggravating factor in sentencing?
[1 mark]
Marks for this question: AO1 = 1
D The defendant used a weapon during the offence.
4
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