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7162/3B
Paper 3B Human Rights
A-level Mark scheme
LAW June 2026
Paper 3B Human Rights Version: 1.0 Final
Tuesday 9 June 2026 Morning Time allowed: 2 hours
Materials For Examiner’s Use
• You will need no other materials.
Question Mark
Instructions 1–5
• Use black ink or black ball-point pen. 6
• Fill in the boxes at the top of this page. 7
• Answer all questions. You must answer the questions in the spaces
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provided. Do not write on blank pages.
• If you need extra space for your answer(s), use the lined pages at the end of 9
this book. Write the question number against your answer(s). 10
• Do all rough work in this book. Cross through any work you do not want to
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be marked.
• Questions should be answered in continuous prose. Give reasoned answers. TOTAL
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.
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MARK SCHEME – A-LEVEL LAW – 7162/3B – JUNE 2026
Do not write
outside the
Answer all questions in the spaces provided. box
Mark schemes are prepared by the Lead Assessment Writer and considered, together with the relevant
questions, by a panel of subject teachers. This mark scheme includes any amendments made at the
Only one answer per question is allowed. standardisation events which all associates participate in and is the scheme which was used by them in
this examination. The standardisation process ensures that the mark scheme covers the students’
For each question completely fill in the circle alongside the appropriate answer. responses to questions and that every associate understands and applies it in the same correct way.
As preparation for standardisation each associate analyses a number of students’ scripts. Alternative
CORRECT METHOD WRONG METHODS
answers not already covered by the mark scheme are discussed and legislated for. If, after the
standardisation process, associates encounter unusual answers which have not been raised they are
If you want to change your answer you must cross out your original answer as shown. required to refer these to the Lead Examiner.
If you wish to return to an answer previously crossed out, ring the answer you now wish to select It must be stressed that a mark scheme is a working document, in many cases further developed and
as shown. expanded on the basis of students’ reactions to a particular paper. Assumptions about future mark
schemes on the basis of one year’s document should be avoided; whilst the guiding principles of
assessment remain constant, details will change, depending on the content of a particular examination
paper.
0 1 Select the false statement about the relationship between English law and the European No student should be disadvantaged on the basis of their gender identity and/or how they refer to the
Convention on Human Rights (ECHR). gender identity of others in their exam responses.
[1 mark]
A consistent use of ‘they/them’ as a singular and pronouns beyond ‘she/her’ or ‘he/him’ will be credited in
A English courts do not have power to award damages to a person who has been exam responses in line with existing mark scheme criteria.
the victim of a breach of ECHR obligations by a public authority.
B English courts must try to interpret statutes in such a way as to be consistent Further copies of this mark scheme are available from
with ECHR obligations if at all possible.
C It may be possible to challenge a public authority’s alleged breach of ECHR
obligations by an action for judicial review.
D The effect of the Human Rights Act 1998 and the ECHR has been to change
the interpretation of some established rules of English law.
0 2 Select the true statement about the operation of the European Convention on Human
Rights (ECHR) and the European Court of Human Rights (ECtHR).
[1 mark]
A The ECtHR has no power to overrule its own decisions.
B The obligations created by ECHR rights are imposed on States and also on
individuals acting in a private capacity.
C Under the ECHR, a State can justify an interference with human rights even if
there is no clear rule of law to support it.
D When the ECtHR allows a ‘margin of appreciation’ to States, it reduces
uniformity of interpretation of the ECHR amongst States.
information
retains the on all its publications. However, registered schools/colleges for are permitted to copy material from this booklet for their own
internal use, with the following important exception: cannot give permission to schools/colleges to photocopy any material that is acknowledged to a third
party even for internal use within the centre.
and its licensors. All rights reserved.
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MARK SCHEME – A-LEVEL LAW – 7162/3B – JUNE 2026
Do not write
outside the
0 3 In relation to the role of the Crown in the English legal system, which of the following box
statements is true?
[1 mark] Level of response marking instructions
Level of response mark schemes are broken down into levels, each of which has a descriptor. The
A The Crown brings almost all criminal and civil cases to court. descriptor for the level shows the average performance for the level. There are marks in each level.
B The Crown brings most civil cases, but no criminal cases to court. Before you apply the mark scheme to a student’s answer read through the answer and annotate it (as
instructed) to show the qualities that are being looked for. You can then apply the mark scheme.
C The Crown brings most criminal cases, and some civil cases, to court.
Step 1 Determine a level
D The Crown brings no cases, whether criminal or civil, to court.
Start at the lowest level of the mark scheme and use it as a ladder to see whether the answer meets the
descriptor for that level. The descriptor for the level indicates the different qualities that might be seen in
the student’s answer for that level. If it meets the lowest level then go to the next one and decide if it
0 4 In any criminal law trial, the Judge may have to make certain decisions.
meets this level, and so on, until you have a match between the level descriptor and the answer. With
practice and familiarity you will find that for better answers you will be able to quickly skip through the
Which of the following would not be a decision the Judge might have to make?
lower levels of the mark scheme.
[1 mark]
When assigning a level you should look at the overall quality of the answer and not look to pick holes in
A Whether to allow particular items of evidence to be presented. small and specific parts of the answer where the student has not performed quite as well as the rest. If
the answer covers different aspects of different levels of the mark scheme you should use a best fit
B Whether to ask the Court of Appeal for legal advice. approach for defining the level and then use the variability of the response to help decide the mark within
the level, ie if the response is predominantly level 3 with a small amount of level 4 material it would be
C Whether to impose a sentence of imprisonment after a verdict of guilty. placed in level 3 but be awarded a mark near the top of the level because of the level 4 content.
D Whether to remove a juror for improper conduct. Step 2 Determine a mark
Once you have assigned a level you need to decide on the mark. The descriptors on how to allocate
marks can help with this. The exemplar materials used during standardisation will help. There will be an
0 5 Select the true statement about delegated legislation. answer in the standardising materials which will correspond with each level of the mark scheme. This
[1 mark] answer will have been awarded a mark by the Lead Examiner. You can compare the student’s answer
with the example to determine if it is the same standard, better or worse than the example. You can then
A Delegated legislation cannot be challenged in the Courts. use this to allocate a mark for the answer based on the Lead Examiner’s mark on the example.
B Some delegated legislation can come into force only if expressly approved by You may well need to read back through the answer as you apply the mark scheme to clarify points and
both Houses of Parliament. assure yourself that the level and the mark are appropriate.
C The Government rarely uses delegated legislation. Indicative content in the mark scheme is provided as a guide for examiners. It is not intended to be
exhaustive and you must credit other valid points. Students do not have to cover all of the points
D The main purpose of delegated legislation is to repeal Acts of Parliament. 5 mentioned in the Indicative content to reach the highest level of the mark scheme.
An answer which contains nothing of relevance to the question must be awarded no marks.
Turn over for the next question
Turn over ►
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