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Assignment Task

The following learning outcomes for the module are applicable to this assignment:
1. Knowledge and understanding of the English Legal System;
2. Basic knowledge of the sources of the law of England and Wales, and how it is made and developed; 3. An ability to research and analyse the law from primary resources on specific matters;
4. Demonstrate the ability to identify legal sources;
5. Present arguable and reasoned conclusions.

Your response should be 2500 words overall.

Part A   
Researching Primary and Secondary sources   
Q1. Using the University of Essex library e-resources, find the 1990 legislation the government enacted to protect the environment that also made dropping litter in England and Wales a criminal offence.        
a) Identify the section of the Act that applies to ‘litter’; 
b) Identify which part of the Act refers to shopping trolleys;   
c) The Act outlines the provisions for England and Wales. Identify which, if any, provisions apply to any other area of the United Kingdom.   

Part B    
Paraphrasing task
Q2.  Paraphrasing is when you use your own words to express something that was written or said by another person. Apply paraphrasing to the following:      
a) The 1990 Act, s87 outlined an offence under the Act. S87 (4) (a) and (b) provided defences. Explain by use of paraphrasing both what the offence and defences are under the 1991 Act.      
b) The 1990 Act, S13 (1) and S 13 (2) outline the statutory provisions with regards to Enforcement Notices. Explain by use of paraphrasing what the provisions are with regards to Enforcement Notices under the 1991 Act.      
c) S29 (3) of the 1990 Act identifies the statutory definition of ‘pollution of the environment”.  Explain by use of paraphrasing what the definition of ‘pollution of the environment” is under the 1990 Act.  

Part C  
Reading cases 
Q3. Read the case of Fagan v Metropolitan Police Commissioner [1969] 1 QB 439. This case considered the essential test for establishing a criminal offence.  
a) Explain the facts of this case 
b) Explain the defence that was offered (the reasons or justification that they did not do something) in this case by the accused; 
c) James J described the distinction between two criminal offences as part of reaching the ‘reason for the decision’ in this case (the reason for the decision is called the ratio decidendi). Identify and explain James J’s ratio decidendi of this case. 

Part D 
Interpretation of statutory provision to given scenario.       
Q4. Interpret the statutory provisions of the 1990 Act for the scenario below, is Kevin’s father liable under the legislation for his son's friend dropping the litter from the car?      

Scenario - Kevin has recently passed his driving test and he takes his friends out for a drive in his father’s car. As they are driving along the road one of his friends sitting in the back seat throws an empty tin of soft drink from the car into a farmer’s field. Kevin tells his friend that there is CCTV installed on the route they took because of the amount of litter being discarded.  

Six weeks later Kevin’s father is furious because he receives a fixed civil penalty fine for littering. The letter that he receives states that he must pay the fine as the registered keeper of the car. Kevin’s father doesn’t believe that he needs to pay the fine because 1) his son was driving and 2) his son’s friend threw the litter out of the car.   

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