BTEC Assignment Brief Qualification Unit number and title Learning aim(s) Assignment title BTEC Level 3 National Certificate in Applied Law BTEC Level 3 National Extended Certificate in Applied Law Unit 2: Investigating Aspects of Criminal Law and the Legal System A: Explore how statutory rules are made and interpreted B: Examine how legislation is made outside of Parliament The process of law making Assessor Issue date Hand in deadline A local solicitors firm is looking to raise awareness of its work placement programme for learners studying applied law. The firm has recognised that one way of raising awareness of the programme would be to sponsor the commissioning of a set of learning and revision resources to help learners consolidate what they have learnt in class. You have been asked to produce a report that evaluates the processes of law making both inside and outside of Parliament. The commissioning manager has suggested that your report be based on the following case studies: Scenario 1 Green Space Preservation (fictitious) Act 2018 Vocational Scenario or Context Long Title “An Act to (protect/preserve/maintain) green space areas for enjoyment by the general public” s9 Prohibited Use s9a: “it shall be an offence for an unauthorised person to participate in football, cricket, rugby or other sports in green spaces or city parks” s9b: “authorised persons are defined as sports club members who have been granted permission to conduct a sporting event on a designated date” Advise the clients in the following scenarios: On 3rd March, Amir and his friends decide to use the strip of land alongside the park to play a game of rugby. The strip of land has been covered in wood chip. During their game, the ball is kicked onto the lawn in the park on four occasions. On June 1st, Sally and her friends decide to celebrate the end of their exams by having a picnic in the park. They play with a frisbee, and accidentally knock the heads off several flowers in the beds surrounding the park lawn. On September 5th, Sam, a member of the local cricket club, decides to use the cricket pitch set up on the lawn. He has a big game of cricket the next day and wants to practice on the new pitch. On December 1st 2018, Sarah takes her 4 year old son Ben to the park where he rides his bike across the grass, leaving muddy trails and deep tread marks. Scenario 2 The RAF has recently become concerned by the number of anti-USA protesters in and around RAF Fylingdales on the North York Moors. Protesters have set up a campsite on moors near the base and are creating an unsightly mess with tents, campfires, rubbish and sewage. The RAF and the North York Moors National Park are seeking ways to control or prevent the protest and its camp. Joy Stephens is a passionate protester against the USA and its foreign policies and is seeking to remain on the moors and to challenge any existing and additional powers granted to either body to prevent her protest. Advise the RAF and North York Moors National Park of the delegated legislation giving powers they have and/or need. Advise Joy on how to challenge any such powers. Write a professionally presented journal article which evaluates the law-making processes both inside and outside of Parliament. Task The first part of the report should focus on exploring how statutory rules are made and interpreted. You will need to: ● explain the influences that have impacted on the progress into law of a selected statute ● explain the rules of statutory interpretation in relation to the given case studies in scenario 1 above ● analyse how influences and rules of statutory interpretation have affected the law making of Parliament The next part of the report should focus on examining how legislation is made outside of Parliament. You will need to: ● apply the various forms of delegated legislation and their controls to scenario 2 above 2 BTEC Assignment Brief v1.0 BTEC Internal Assessment QDAM January 2015 ● ● ● analyse how effective the controls on delegated legislation are. using your own choice of examples explain examples of actual regulations, directives and decisions. assess the impact of EU laws on the UK, and how conflict has been resolved using recent examples. In the final section of the report you will need to come to a conclusive judgement having evaluated the effectiveness of the law-making processes both inside and outside of parliament. Your conclusion should be based on the facts, arguments, application and examples provided in the main body of the report. Throughout all elements of this task you must ensure that you are using reliable and accurate sources of information, which are appropriately referenced. Checklist of evidence A written report required A reference list of sources used within the article Criteria covered by this task: Unit/Criteria To achieve the criteria you must show that you are able to: reference Research and select a statute then explain the influences that A.P1 impacted on its progress into law. A.P2 Explain the rules of statutory interpretation using given case studies. Apply the various forms of delegated legislation and their controls in B.P3 given case studies. Research, select and explain examples of actual regulations, directives B.P4 and decisions. Analyse the effect on Parliament’s law making of influences and A.M1 interpretation. B.M2 Analyse the effectiveness of the controls on delegated legislation. Assess the impact of EU laws on the UK and the resolution of any B.M3 conflicts, using actual recent examples. Present an evaluation of the law-making processes both inside and AB.D1 outside of Parliament. Unlocking the English Legal System (Unlocking the Law), 6th Edition, 2019, Routledge ISBN 978-0367277475 - a thorough text book which explains in detail the elements of the law covered in this unit. Sources of information to support you with this Assignment English Legal System Concentrate: Law Revision and Study Guide, Thomas & MacGourlay, Study Guide Edition 2017, Oxford, ISBN 9780199654239 - This book provides a revision of the elements of Law covered in this unit in an easily digestible revision format. Legal Skills, Finch and Fafinskey, 7th Edition 2019, Oxford, ISBN 978-0198831273 - a reference guide for the development of skills, and in particular skills unique to Law such as application. 3 BTEC Assignment Brief v1.0 BTEC Internal Assessment QDAM January 2015 Law Express: English Legal System, Finch and Fafinskey, 7th Edition 2018, Pearson, ISBN 978-1292210155 - a useful guide as a reference for the key elements of Tort covered in this unit. Websites A-Level Law Review Magazine Archive: Hodder Education https://www.hoddereducation.co.uk/subjects/law/products/a-level/alevel-law-review-online-archive This quarterly magazine gives interesting articles on all relevant law topics E-Law resources: http://www.e-lawresources.co.uk A student friendly site that provides an outline of Tort alongside detailed case summaries. Bits of Law: http://www.bitsoflaw.org/tort/ A site aimed at students which provides study notes, flash cards and audio resources. Notes to Assessors (this should be removed prior to distribution to learners) The vocational nature of the evidence requested in this assignment brief is designed to encourage learners to embrace the tasks in a workrelated way. This will encourage them to treat the scenarios as real-life cases and will stimulate creative responses. Tasks should be treated holistically, with learners aiming to achieve all criteria outlined in the task. In researching laws within the UK and the EU, learners should be given freedom to select a law that is of interest. This will allow them to fully embrace the reasoning behind its creation in preparing evidence for the task. In answering the case studies, the focus is on the development of sound and substantiated legal arguments, selecting and using relevant authorities. Learners may use arguments and reach differing conclusions that are equally rewardable. Learners should be encouraged to provide accurate references within their work, using case citation where appropriate. In preparing for this task, learners will need to understand the methods of law-making, and will be expected to apply them to case studies. Whilst some learners may choose to methodically apply each element of the law on statutory interpretation and delegated legislation individually, others may choose to select the most relevant method for each client and justify its selection. Both methods are equally rewardable. Using this Authorised Assignment Brief A list of resources has been provided but this is not exhaustive and Assessors are encouraged to add their own to the list. It is 4 BTEC Assignment Brief v1.0 BTEC Internal Assessment QDAM January 2015 recommended that this is supplemented by any relevant resources from your centre or local area. Indeed it is not compulsory to use this authorised assignment brief, and should the centre wish to develop their own assignment or adapt this authorised brief they may do so. For example, the centre may choose to use the authorised assignment brief as a starting point and introduce a scenario or case studies more closely related to their local area, or a topical issue which is relevant for their learners. Should centres use their own case studies they must ensure that they provide adequate scope to meet the assessment criteria. Pearson’s free Assignment Checking Service is available to Centres choosing to amend this brief and can be accessed via the Pearson website: https://qualifications.pearson.com/en/support/Services/assignmentchecking-service.html 5 BTEC Assignment Brief v1.0 BTEC Internal Assessment QDAM January 2015