AQA_2024: A-level Law - Paper 3B Human Rights (Merged Question Paper and Marking Scheme)

AQA_2024: A-level Law - Paper 3B Human Rights (Merged Question Paper and Marking Scheme) Please write clearly in block capitals. Centre number Surname Forename(s) Candidate number Candidate signat ure A-level LAW I declare this is my own work. Paper 3B Human Rights Monday 10 June 2024 Materials  You will need no other materials. Instructions  Use black ink or black ball-point pen.  Fill in the boxes at the top of this page. Morning  Answer all questions. You must answer the questions in the spaces provided. Do not write on blank pages. Time allowed: 2 hours For Examiner’s Use Question  If you need extra space for your answer(s), use the lined pages at the end of this book. Write the question number against your answer(s).  Do all rough work in this book. Cross through any work you do not want to be marked. Mark 1–5 6 7 8 9 10 11  Questions should be answered in continuous prose. Give reasoned answers. 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. TOTAL For A-Level Law - Paper 3B: Human Rights, focus on these key areas: 1. Sources of Human Rights:  The Human Rights Act 1998: Incorporates the European Convention on Human Rights (ECHR) into UK law, allowing individuals to claim rights in UK courts.  International Treaties: Understand how the Universal Declaration of Human Rights (1948) and other international agreements influence UK law. 2. Key Articles of the ECHR:  Article 2 - Right to Life: Protection of life, with exceptions like self-defense.  Article 5 - Right to Liberty and Security: Protection against arbitrary detention.  Article 6 - Right to a Fair Trial: Ensures fair and public hearings.  Article 8 - Right to Respect for Private and Family Life: Balances individual rights with public interests.  Article 10 - Freedom of Expression: Right to free speech, with limitations for national security and public order. 3. Limitations and Restrictions:  Balancing Rights: Know when rights can be limited, such as for national security, public order, or the protection of others’ rights.  Proportionality: Understand how restrictions on rights must be necessary and proportionate to the aim. 4. Case Law:  Review key European Court of Human Rights cases and their influence on UK law.  Understand significant domestic cases where human rights have been interpreted, such as R v. Secretary of State for the Home Department (Belmarsh case). IB/G/Jun24/G4004/E7 7162/3B 2 Do not write outside the box Answer all questions in the spaces provided. IB/G/Jun24/7162/3B Only one answer per question is allowed. For each question completely fill in the circle alongside the appropriate answer. CORRECT METHOD WRONG METHODS If you want to change your answer you must cross out your original answer as shown. If you wish to return to an answer previously crossed out, ring the answer you now wish to select as shown. 0 1 Select the false statement about various Articles of the European Convention on Human Rights. [1 mark] A In Article 10, ‘expression’ means only the written or spoken word. B The main aim of Article 5 is to protect all persons from the risk of arbitrary deprivation of liberty. C The right to life under Article 2 may be violated if there is a risk of serious injury even if no one dies. D Under Article 8, a public figure usually has greater protection for privacy when acting in a private capacity than in a public capacity. 0 2 Select the true statement about various aspects of the Human Rights Act 1998 (‘the Act’). [1 mark] A A judge is not a ‘public authority’ under s6 of the Act. B An alleged breach of s6 of the Act by a public authority can only be challenged by an action for judicial review. C English law had developed no protection at all for privacy before the Act came into force. D The Act makes special provision for the protection of the Convention right to freedom of expression. 3 Do not write outside the box IB/G/Jun24/7162/3B 0 5 Which of the following is not normally considered to be an aspect of the rule of law? [1 mark] A A defendant in a criminal trial must be offered proper legal representation. B Each person is equal before the law and has the same legal rights and obligations. C The House of Lords may propose amendments to a Bill. D The independence of judges should be protected. 5 0 3 In the context of delegated legislation, which of the following is most closely involved in the creation of statutory instruments? [1 mark] A Government ministers B Local councils C The European Union D The Supreme Court 0 4 A member state of the European Union is not properly implementing EU law. Which institution is responsible for beginning legal action against that state? [1 mark] A The Council of the European Union B The Court of Justice of the European Union C The European Commission D The European Parliament Turn over for the next question Turn over ► 4 Do not write outside the box IB/G/Jun24/7162/3B 0 6 Explain how by-laws are made and give two examples of matters which might be dealt with using a by-law. [5 marks] Extra space 5 5 Do not write outside the box IB/G/Jun24/7162/3B 5 0 7 Police were alerted to reports of a woman damaging cars in a number of streets. Anji was seen running down one of the streets, holding a hammer. When police officers stopped Anji, she gave her correct name and address. She was then arrested for offences of causing criminal damage. However, she was later released without charge when it was discovered that she had no connection with the damage to the cars. Suggest why Anji’s arrest for offences of causing criminal damage to cars was probably lawful under the Police and Criminal Evidence Act 1984, even though she had not in fact committed any criminal offence.