A-level LAW Paper 3B Human Rights JUNE 2022

AQA A-level LAW Paper 3B Human Rights Time allowed: 2 hours 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. • Answer all questions. You must answer the questions in the spaces provided. Do not write on blank pages. • 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. • 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. Answer all questions in the spaces provided. box 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 the European Convention on Human Rights. [1 mark] A Most of the rights which the Convention guarantees are subject to exceptions. B The European Court of Human Rights has generally interpreted Convention obligations very restrictively. C The obligations that the Convention imposes are aimed primarily at States rather than at individuals. D There is a greater ‘margin of appreciation’ in areas of law where there are significant cultural differences amongst States. 0 2 Select the true statement about the effect on English law and the English legal system of the European Convention on Human Rights. [1 mark] A A claimant in England can always take a claim directly to the European Court of Human Rights without first bringing the claim in an English court. B An English court cannot apply a provision of a statute that is incompatible with the Convention. C An excessively large award of damages by a court may violate the right to freedom of expression under Article 10 of the Convention. D Damages may be awarded against a judge who makes a decision which is not in conformity with provisions of the Convention. 0 3 Select the false statement about the rule of law. [1 mark] A As far as possible, the law should apply equally to all citizens. B Citizens should be given as much access to the courts as is necessary. C Public officials should be given maximum freedom to make decisions affecting the legal rights of citizens. D The law should be written in language which is clear and accurate. 0 4 Select the true statement about the independence of the judiciary. [1 mark] A High Court judges should take advice from a government minister when interpreting a statute. B Judges cannot be prosecuted for committing criminal offences. C Judges in superior courts cannot easily be removed from office. D Judicial independence is not considered to be important for judges in lower courts. Turn over for the next question Turn over ► 0 6 Explain two characteristics of the common law as a source of law and provide an example to illustrate one of those characteristics. [5 marks] Extra space 0 7 Ava, Brett and Cian staged a peaceful demonstration against a plan to open a ‘fast food’ shop in a residential area. Residents reacted angrily to the demonstration, creating a threat of violence and disorder. The police stopped the demonstration on grounds of breach of the peace. Suggest why, despite the threat of violence and disorder, the action by the police was probably a violation of the rights of Ava, Brett and Cian under Article 11 of the ECHR (the right to freedom of assembly and association). [5 marks] Extra space Turn over for the next question Turn over ► 0 8 Dora was 75 years old and in poor health. She had been subjected to many incidents of verbal abuse and damage to her house and garden by a group of youths. She reported these incidents to the police on several occasions and expressed her fears that she might be subjected to more serious harm. The police made brief enquiries on two occasions but were unable to identify the youths and made no further efforts to do so. Subsequently, the youths broke windows in Dora’s house and set her garden fence on fire. As a result, Dora suffered a heart attack and was seriously ill for some weeks. With regard to Article 2 of the ECHR (the right to life), advise Dora of her rights and remedies against the police under the Human Rights Act 1998 ss 6–8. [10 marks]