Official June 2024 AQA A-level LAW 7162/3B Paper 3B Human Rights Merged Question Paper + Mark Scheme Ace your Mocks!!! *jun2471623B01* IB/G/Jun24/G4004/E7 7162/3B For Examiner’s Use Question Mark 1–5 6 7 8 9 10 11 TOTAL Monday 10 June 2024 Morning Time allowed: 2 hours Materials • You will need no other materials. Instructions • Use black ink or black ball-point pen. • Fill in the boxes at the top of this page. • Answer all questions. You must answer the questions in the spaces provided. Do not write on blank pages. • If you need extra space for your answer(s), use the lined pages at the end of this book. Write the question number against your answer(s). • Do all rough work in this book. Cross through any work you do not want to be marked. • Questions should be answered in continuous prose. Give reasoned answers. Where appropriate, make reference to cases, statutes and examples. Information • The marks for questions are shown in brackets. • The maximum mark for this paper is 100. Please write clearly in block capitals. Centre number Candidate number Surname Forename(s) Candidate signature I declare this is my own work. A-level LAW Paper 3B Human Rights 2 *02* IB/G/Jun24/7162/3B Do not write outside the Answer all questions in the spaces provided. box Only one answer per question is allowed. For each question completely fill in the circle alongside the appropriate answer. CORRECT METHOD WRONG METHODS If you want to change your answer you must cross out your original answer as shown. If you wish to return to an answer previously crossed out, ring the answer you now wish to select as shown. 0 1 Select the false statement about various Articles of the European Convention on Human Rights. [1 mark] A In Article 10, ‘expression’ means only the written or spoken word. B The main aim of Article 5 is to protect all persons from the risk of arbitrary deprivation of liberty. C The right to life under Article 2 may be violated if there is a risk of serious injury even if no one dies. D Under Article 8, a public figure usually has greater protection for privacy when acting in a private capacity than in a public capacity. 0 2 Select the true statement about various aspects of the Human Rights Act 1998 (‘the Act’). [1 mark] A A judge is not a ‘public authority’ under s6 of the Act. B An alleged breach of s6 of the Act by a public authority can only be challenged by an action for judicial review. C English law had developed no protection at all for privacy before the Act came into force. D The Act makes special provision for the protection of the Convention right to freedom of expression. 3 *03* Turn over ► IB/G/Jun24/7162/3B Do not write outside the box 0 3 In the context of delegated legislation, which of the following is most closely involved in the creation of statutory instruments? [1 mark] A Government ministers B Local councils C The European Union D The Supreme Court 0 4 A member state of the European Union is not properly implementing EU law. Which institution is responsible for beginning legal action against that state? [1 mark] A The Council of the European Union B The Court of Justice of the European Union C The European Commission D The European Parliament 0 5 Which of the following is not normally considered to be an aspect of the rule of law? [1 mark] A A defendant in a criminal trial must be offered proper legal representation. B Each person is equal before the law and has the same legal rights and obligations. C The House of Lords may propose amendments to a Bill. D The independence of judges should be protected. Turn over for the next question 5 4 *04* IB/G/Jun24/7162/3B Do not write outside the box 0 6 Explain how by-laws are made and give two examples of matters which might be dealt with using a by-law. [5 marks] Extra space 5 5 *05* Turn over ► IB/G/Jun24/7162/3B Do not write outside the box 0 7 Police were alerted to reports of a woman damaging cars in a number of streets. Anji was seen running down one of the streets, holding a hammer. When police officers stopped Anji, she gave her correct name and address. She was then arrested for offences of causing criminal damage. However, she was later released without charge when it was discovered that she had no connection with the damage to the cars. Suggest why Anji’s arrest for offences of causing criminal damage to cars was probably lawful under the Police and Criminal Evidence Act 1984, even though she had not in fact committed any criminal offence. [5 marks] Extra space Turn over for the next question 5 6 *06* IB/G/Jun24/7162/3B Do not write outside the box 0 8 A police emergency call handler received a confused telephone call from a worried neighbour suggesting that someone had been shot in an ongoing domestic incident. In fact, though Brice had produced a gun during the incident, he had not fired it at anyone. The call handler later discovered this, but she did not pass the information on. By the time armed police attended the incident, Brice had violently beaten his ex-partner, Callie, and her new boyfriend, Duke, and dragged them into the garden. Despite repeated police attempts to calm the situation, Brice became increasingly agitated. He pointed the gun at Duke’s head, shouting, “He can’t mess with my woman. He’s dead.” Ellis, one of the police officers, immediately shot and killed Brice on obtaining a clear shot. Brice’s ‘gun’ turned out to be a very realistic replica, incapable of firing bullets. Having regard to the right to life under Article 2 of the European Convention on Human Rights, advise the police as to whether they are liable for any breach of the Human Rights Act 1998 s6 in connection with the death of Brice. [10 marks] 7 *07* Turn over ► IB/G/Jun24/7162/3B Do not write outside the box Extra space 10 8 *08* IB/G/Jun24/7162/3B Do not write outside the box In Question 09 you are required to provide an extended answer which shows a clear, logical and sustained line of reasoning leading to a valid conclusion. 0 9 Examine what is meant by ‘justice’. Discuss the extent to which the remedies available for a breach of human rights may achieve justice. [15 marks] 9 *09* Turn over ► IB/G/Jun24/7162/3B Do not write outside the box Extra space 15 10 *10* IB/G/Jun24/7162/3B Do not write outside the box In Question 10 you are required to provide an extended answer which shows a clear, logical and sustained line of reasoning leading to a valid conclusion. 1 0 FullRange Foods allegedly encouraged environmentally damaging agricultural practices in other countries. Gerson organised a protest march to the FullRange Foods factory and a demonstration at the factory gates. Gerson kept the details secret from everyone other than trusted participants. The police learned of the march and accompanied it to the factory to ensure that it remained orderly. They arrested Halima, a marcher, for persistently ignoring police instructions about the route to take. At the gates of the factory, the marchers sat down to listen to a speech by Gerson. Gerson suddenly ran forward and chained himself securely to the gates. Other demonstrators surrounded him to prevent the police from intervening. There were scuffles between the police and demonstrators. Employees of FullRange Foods, who could not enter the factory, verbally abused Gerson and other demonstrators and threatened physical injury. After 45 minutes, the senior police officer present directed that the protest and demonstration must end and that Gerson must be cut free. Officers then arrested Gerson and numerous other demonstrators for breach of the peace. Subsequently, Halima, Gerson and other demonstrators were convicted of various public order offences. Taking a human rights perspective, consider whether Gerson, Halima and the other demonstrators have any rights and remedies that they may be able to pursue in consequence of these incidents. In your answer, include consideration of whether they may challenge their subsequent convictions for public order offences. [30 marks]