LAC404 : Civil and Criminal Litigation and Procedure - Law Assignment Help

Assignment Task:

Task:Consequence of not meeting time/word count limit: There is no penalty for submitting below the word/count limit, but students should be aware that there is a risk they may not maximise their potential mark.
Assignments should be presented appropriately in line with the restrictions stated above; if an assignment exceeds the time/word count this will be taken in account in the marks given using the assessment criteria shown.

Assessment Task
You will find a collection of documents following this brief. Read through them. The cover letter from your supervisor outlines the task you are to perform. The other documents will require you to analyse the scenario and report back in the form of a written report with your conclusions on several issues relating to Criminal Litigation.
Read through the scenario and fully consider the attached documents.
From the scenario and the documents provided, you are going to be required to report back on matters of procedure and evidence within Criminal Litigation. Remember, this is a practical and academic exercise. Make sure you are providing advice and answers, but you MUST make sure you are fully explaining the areas of discussion and that you are using appropriate sources to support your analysis and conclusions.
Specifically, you are directed to address the following issues:
Sentencing
Identification Evidence
Bail
Hearsay Evidence
FROM: Your Supervisor (supervisor@BetterCallSolentLLP.co.uk)
TO: You (trainee@BetterCallSolentLLP.co.uk)
RE: Mr John Hook
Hi
We are acting on behalf of John Hook, he has been charged with an offence contrary to s.47 Offences Against the Person Act 1861.
John is 19 years old, he’s unemployed and he’s sofa surfing at the moment in the local area. It is alleged by the prosecution that John is involved in a local gang. The incident is apparently related to gang activity. The victim, Dan Brown, states that he was jumped by John and assaulted. He feels the act was planned, that this was a trap. He states John used a wooden baton looking object when he assaulted him, he believes it could have been the end of a pool cue.
John denies being involved in the incident.
There are several issues we need you to consider for this file:
Look at the Witness Statement from Mr Brown, and the statement made by Mr Hook to our litigation team. Is there anything relevant in there with regards to this identification evidence the prosecution have? Anything to suggest there may be an application we can make? What do you think about the strength of the evidence?
We have heard the prosecution is going to make an application to have Mr Hook remanded in custody. What possible reason can they have for challenging bail? Is there anything we can do?
Mr Hook is keen to know what kind of sentence he may be looking at for this offence if he is found guilty. Could you look up the appropriate reference material and provide some advice on this?
Have a look at the email from Henry Say in our litigation department. Is there anything we need to be wary of with regards to the matter raised by Henry?
Can you look at the above and provide me with a report on your findings. Obviously, it goes without saying everything should be thoroughly researched and referenced. Your report is going to be the basis of our litigation plan for Mr Hook.
Kind Regards
Your Supervisor
SOLENT POLICE
Witness Statement
Statement of Dan Brown
Age if under 18 Over 18
Occupation Retail Assistant

• Illustrate knowledge of the main principles, underpinning, authorities and topical issues relevant to Criminal Litigation in the context of the module description Exemplary exploration and critique of information/ideas from a comprehensive range of sources (primary & secondary), many at the forefront of knowledge/practice Explores and critiques information from a wide range of sources (primary & secondary), some at the forefront of knowledge/practice Explores and deploys information, including some aspects of new knowledge, from a wide range of secondary and several primary sources Locates and explores a satisfactory range of information/evidence, with some use of primary sources
• Identify issues and apply principles of Criminal Litigation supported by authority to reach justified conclusions Exceptional critical judgement in analysis, evaluation, synthesis and application/transformation of prior knowledge to differing contexts Sustained critical information and application/transformation of prior learning in different contexts Largely consistent and critical judgement in analysis, evaluation and synthesis of information and application/transfer of prior learning in different contexts Applies some aspects of prior learning to new contexts
• Engage in research in Criminal Litigation and apply it to theoretical and practical problems Systematic and extensive applied research which exceeds expectations for undergraduate work. Systematic and extensive applied research Effective and wide-ranging applied research Satisfactory applied research
• Communicate effectively in a range of formats
• Excellent presentation and organisation of work and fluent communication in all contexts; excellent written concise analysis; excellent selection of material used.Exemplary referencing/citation; Excellent presentation and organisation of work and fluent communication in most contexts; excellent written concise analysis; excellent selection of material used.
• Referencing/citation comprehensive Presentation and organisation of work appropriate to context and purpose, very good written concise analysis; very good selection of material used.
• Referencing/citation consistent and accurate Satisfactory organisation and presentation of work, communications mostly clear and concise; adequate selection of material used
• Referencing/citation largely consistent/accurate
• D1/ D2 / D3 F1 and F2 F3 and F4 S
• Illustrate knowledge of the main principles, underpinning authorities and topical issues relevant to Criminal Litigation in the context of the module description Locates and organises an acceptable range of information/evidence often from given/familiar secondary sources Range of information/evidence limited, mostly from familiar/given secondary sources, occasionally poorly organised Relies on restricted range of poor quality/given information/evidence, inaccurately understood/organised The work is submitted, but shows no attempt to address any of the criteria
• Identify issues and apply principles of Criminal Litigation supported by authority to reach justified conclusions.
• Identify and rank issues appropriately Limited transfer/application of prior learning to new contexts Little attempt to transfer and apply prior learning to new contexts Fails to transfer/apply prior learning to new contexts Engage in research in Criminal Litigation and apply it to theoretical and practical problems Limited range of research not well applied Limited research not applied Lack of research Assessment criteria
• The assignment is to be 2,000 words in length (not including footnotes).
• Students should use the footnote system of referencing (OSCOLA).
• Students should include a full bibliography.
• Display evidence of structured research
• Provide a coherent structure to analysis (clarification of issues and ideas).
• Identify and collate key substantive issues, eg, facts, principles and objectives within the scenario.
• Produce a coherent argument for advice, linking facts, objectives, legal issues and key themes.
• Display good communication of these ideas (coherence in style, grammar, punctuation, spelling etc)
• General:
• It has been observed that in the past students who tend to do well in law assignments usually do the following:
• Plan the assignment properly – conducting research and making a coherent plan for the writing.
• Making sure they demonstrate understanding in each particular concept or idea within the area.
• Provide full references.
• Avoid being overly descriptive in content – the markers do not want to see large quotations, or general coverage of texts. They state the ideas in their own words and are critical in their analysis.
• Identifying areas of possible contention, and stating how/why they are contentious, showing they can identify the problem aspects of the issue.
• Keeping the structure and flow of the assignment relatively clear and concise.
• They have read the guidance notes/watched the guidance lectures for the assignments, and prepare properly.
• Late Submissions
• Students are reminded that:
• If this assessment is submitted late i.e. within 5 working days of the submission deadline, the mark will be capped at 40% if a pass mark is achieved;
• If this assessment is submitted later than 5 working days after the submission deadline, the work will be regarded as a non-submission and will be awarded a zero;
• If this assessment is being submitted as a referred piece of work then it must be submitted by the deadline date; any Refer assessment submitted late will be regarded as a non-submission and will be awarded a zero.
• http://portal.solent.ac.uk/documents/academic-services/academic-handbook/section-2/2o-assessment-principles-and-regulations.pdf?t=1534423842941Extenuating Circumstances
• The University’s Extenuating Circumstances procedure is in place if there are genuine circumstances that may prevent a student submitting an assessment. If students are not 'fit to study’, they can either request an extension to the submission deadline of 5 working days or they can request to submit the assessment at the next opportunity (Defer). In both instances students must submit an EC application with relevant evidence. If accepted by the EC Panel there will be no academic penalty for late submission or non-submission dependent on what is requested. Students are reminded that EC covers only short term issues (20 working days) and that if they experience longer term matters that impact on learning then they must contact the Student Hub for advice.
• A summary of guidance notes for students is given below:
• http://portal.solent.ac.uk/documents/academic-services/academic-handbook/section-2/2p-extenuating-circumstances.pdf?t=1534423896787Academic Misconduct
• Any submission must be students’ own work and, where facts or ideas have been used from other sources, these sources must be appropriately referenced. The University’s Academic Handbook includes the definitions of all practices that will be deemed to constitute academic misconduct. Students should check this link before submitting their work.

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