Describe a Miscarriage of Justice

Assignment Task

1. Your CPS mentor, David Campbell, has told you that Sam Maxwells trial has been adjourned. While you wait for the new trial date, David asks you to help him prepare for a workshop he is running with new trainees which will focus on offences against the person. To help him do this, David asks you to:

Write up your plan from Question 1 of TMA 03 relating to s18 of the Offences Against the Person Act 1861 and the defence of duress into a full answer using IRAC.

2. Sam Maxwells trial eventually took place two months later and he is convicted. Several of Sams family have enquired about a miscarriage of justice. David asks you to write a short note to:

3. After the trial, Sams younger sister Cliodhna sees Morag leaving the court. She runs over to Morag and pushes her down the stairs. Morag sprains her ankle and sustains bruising to her leg. Cliodhna is 12 years old. Sams mother is worried that Cliodhna will be prosecuted for a crime arguing that she is only a child! Surely she is too young for a criminal conviction!

Describe what is meant by a child in legal terms, compared with the age of criminal responsibility in England and Wales.

4. Reflect on your experience of studying W111 (as yourself now, not as the trainee solicitor in the scenario) and complete the following two tasks:
a. Describe briefly how you felt about studying law when you began W111. Explain one way in which you feel differently about your studies now.
b. Identify one skill that you have developed during your study of W111. Explain how it will be useful in the workplace or another area of your life.
 

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