Social Welfare Law - Written and Oral Advice on Judicial Review - Law Assignment Help

Assignment Task :

PART A
On or before 1PM on 29 April 2020 you will be required to: 
1. upload your Written Advice to the Working in the Law Moodle site AND
2. upload your video recording of your Oral Presentation to the Working in the Law Moodle site (see instructions on pages 12-14 at the end of this document).
Do not leave it until the morning of the deadline to submit. If you have computer issues, this will not be considered extenuating circumstances. This is particularly important given the current circumstances: your internet and broadband services may not be reliable; you might have equipment failure or many students may be trying to upload their videos at the same time.  

INSTRUCTIONS
FACTUAL SCENARIO FOR WRITTEN ADVICE AND ORAL ASSESSMENT
You are a barrister who takes case by ‘direct access’ (this means that clients approach you directly to you for advice rather than you being instructed through a solicitor). Your client is ‘Plomstead Stop and Search Monitoring Group’, a local charity, whose aim is to campaign against the excessive use of stop and search powers by the police in Plomstead and to monitor the exercise by the police of stop and search powers. Jane Bradley is the chair of this charity and has sought your advice on behalf of the local charity regarding potential Judicial Review proceedings against a decision made by a Chief Inspector in the Plomstead Police Force to temporarily extend stop and search powers in the borough. The charity are particularly concerned that a disproportionate number of young people of Afro-Caribbean or African origin are stopped compared to white people; the likelihood of black people being stopped in the area is 4 times higher than white people. 
 

Background Facts
The Home Secretary is concerned about the rise of violence crime, in particular knife crime and at her instigation an Act of Parliament, The Stop and Search Public Order Act 2019 , is passed extending the power of police officers to stop and search members of the public. This Act comes into force on 1 November 2019 (please note this Act is fictitious).
Section 28 of the Stop and Search Public Order Act 2019 allows a police officer to stop and search a person without requiring suspicion. This means that a police officer does not need any grounds to stop and search a member of the public. 
Section 28 stops and searches can take only take place in a locality which has been authorised by a senior police officer on the basis of their reasonable belief that serious violence is about to occur, and where it is expedient to prevent the violence from occurring or that persons are carrying dangerous instruments without good reason. Prior authority by a police of the rank of chief inspector or above is essential before this power can be exercised. 
 

Section 28 of the Act states as follows: 
28 Powers to stop and search in anticipation of violence             
(1) if a police officer of or above the rank of chief inspector reasonably believes 
(a) that incidents involving serious violence may take place in any locality in his police area, and that it is expedient to give an authorisation under this section to prevent their occurrence; or
(b) that persons are carrying dangerous instruments  in any locality in his police area without good reason,he may give an authorisation that the powers conferred by this section are to be exercisable at any place within that locality for a specified period not exceeding 15 hours.
(2) If it appears to an officer of or above the rank of chief superintendent that it is expedient to do so, having regard to offences which have, or are reasonably suspected to have, been committed in connection with any activity falling within the authorisation, he may direct that the authorisation shall continue in being for a further 15 hours.
(3) If a police officer of or above the rank of chief inspector gives an authorisation under subsection (1) he must, as soon as it is practicable to do so, cause an officer of or above the rank of chief superintendent to be informed.
(4) This section confers on any constable in uniform power—
(a) to stop any pedestrian and search him or anything carried by him for dangerous instruments;
(b) to stop any vehicle and search the vehicle, its driver and any passenger for dangerous instruments.
(5) A constable may, in the exercise of the powers conferred by subsection (4) above, stop any person or vehicle and make any search he thinks fit whether or not he has any grounds for suspecting that the person or vehicle is carrying dangerous instruments.
(6) Any authorisation under this section shall be in writing signed by the officer giving it and shall specify the grounds on which it is given and the locality in which and the period during which the powers conferred by this section are exercisable and a direction under subsection (3) above shall also be given in writing. 

In summary the Act requires that an authorisation under section 28 may only be given by an officer of the rank of chief inspector or above, in writing, specifying the grounds on which it was given, the locality in which the powers may be exercised and the period of time for which they are in force. The period authorised shall be no longer than appears reasonably necessary to prevent, or seek to prevent incidents of serious violence, or to deal with the problem of carrying dangerous instruments. It may not exceed 15 hours.
If a chief inspector gives an authorisation, he or she must, as soon as practicable, inform an officer of or above the rank of chief superintendent. This officer may direct that the authorisation shall be extended for a further 15 hours, if violence or the carrying of dangerous instruments or offensive weapons has occurred, or is suspected to have occurred, and the continued use of the powers is considered necessary to prevent or deal with further such activity. That direction must be given in writing at the time.  
Guidance from the Home Office advises police forces to publicise widely the granting of any such authority under section 28 and to notify relevant community and police monitoring groups. 
Chief Inspector Plode is a police chief inspector in the police force area of Plomstead. 
On 28 November 2019, a teenage boy age 15, was stabbed in Etam in the London Borough of Plomstead and subsequently died of his injuries. 
On 29 November 2019, a drill video is published on YouTube in which threats are made to avenge the murder of teenager. The men in the video, whose identities are disguised, are thought to frequent the area of Plomstead as are the men suspected of attacking the teenager. The men made references to the teenager being killed in Etam, the area they control and at the end of the video they brandished what looked like large sharp knives.  
Chief Inspector Plode is informed about the existence of the video by one of her team. The junior police officer advises her that intelligence suggests that it is likely that there will be a gang confrontation in relation to the stabbing of the teenager on Saturday 5 December outside a music venue in the Plomstead area. He tells her that the violence is unlikely to take place earlier as the gang think the police will be on high alert. On 29 November 2019, Chief Inspector Plode authorises her police officers in Plomstead, to stop and search, without the requirement for reasonable suspicion, any person in the police force area of Plomstead for weapons, from 20:00 on 5 December 2019 and ending at 11:00 on 6 December 2019. 
 

On the police file she writes the following: 
Decision made to authorise police officer to stop and search under S28 of the Stop and Search Public Order Act 2019
On 29 November 2019 at around 22:30, a drill video was posted on YouTube by five men threatening to avenge the killing of teenager X. The identity of the five men is not known as they were wearing masks to prevent identification but they profess to have an association with the London Borough of Plomstead. Based on receipt of reliable intelligence it is considered that there are reasonable grounds to believe a gang confrontation in relation to the stabbing of the teenager “X”  will take place on Saturday 5 December 2019 outside a music venue known as “Obsuro” situated in Plomstead High Street. 
This authority is necessary to seek to prevent incidents of serious violence, or to deal with the problem of carrying dangerous instruments. 

1. Written Advice and contents instructions
Read the scenario above and prepare a Written Advice to Ms Jane Bradley including the following information: 
1. The grounds Plomstead Stop and Search Monitoring Group may have for Judicial Review and
2. Plomstead Stop and Search Monitoring Group’s standing in relation to an action for Judicial Review.
 

REQUIREMENTS OF THE WRITTEN ADVICE – other than set out below there is no prescribed format for the Written Advice: 

• The Written Advice is not a formal barrister’s opinion and does not have to be written in a prescribed format.
• You must refer to relevant legal principles and case law with correct OSCOLA referencing (see below).

Tips for the VIDEO RECOREDD ORAL ASSESSMENT 
Planning
Make sure you leave sufficient time to prepare and practice your presentation. Although, the presentation is only 10 minutes long it will take many hours to prepare a good oral presentation so give yourself lots of time before the deadline to prepare. 
 

Practice
You should practice your presentation first without videoing yourself, in this way you can time your presentation and make any changes before you start recording. Remember you can record and re-record your presentation as many times as you wish before your final submission. But make sure you do not leave it to the last moment to upload your video. Any technical problems you have uploading the video or written assessment will not be considered as extenuating circumstances. 
 

Test Everything First
It’s well worth the time to test everything works before you start recording.
 

Check the lighting
Make sure the lighting is not too bright for the video, we want to see your presentation; bright light such as sunshine streaming in from a window and onto the screen can significantly affect the quality of the video. 
 

Check whether the video is audible
Test and make sure your video can be heard once you have recorded your oral advice. Check you have switched on the microphone and that the sound is adjusted to the right level. 
 

During the Video recording:
To start
At the beginning of the video state your name and student number clearly and slowly. 
 

Body Language
First, try to eliminate any tics or fidgeting. Playing with a pen in front of the camera, for example, is distracting. Fidgeting makes you look nervous.
Second, work on your posture. Make sure you don’t slump in your chair or hunch over; you want to look professional. 
 

Speaking Clearly and Slowly
A really common problem for anyone who’s a bit nervous about speaking – whether at an interview, giving a presentation or just talking to someone – is going too fast. Nerves can make you rush through what you want to say to get it over and done with. Don’t let that happen.
This is a skill that will take practice. Get friends and family – anyone who will listen – to practice the presentation with you. Really focus on speaking clearly and slowly.
This will make you come across as more comfortable, confident and professional.
 

Be Prepared
Have all the information you need already on the desk in front of you, or already open in your browser. You might want to use notes or a summary of your written advice with parts highlighted.
Keep any notes you might need in front of you.

You can look at your notes but don’t rely on them too much. Put them in a place where you don’t have to look down or away from the camera. 

Don’t just read your script. 
Instead, practise your presentation in note-form using key words. For each point you wish to make write down key words but let the actual words come out naturally rather than scripted. 

Take the time to look professional
Take the same approach to your appearance as you would for a face-to-face assessment, but take the effect of cameras and lighting into account (colours and makeup (if worn) are affected by this).
 

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