EU Law, International Law – GradSchoolPapers.com

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PART B: [30 marks total]Identify the importance of the case R v Secretary of State for Transport, ex parte
Factortame (1990). Assess whether or not this decision has abrogated the principle
of Parliamentary Sovereignty, explaining your reasoning.
PART C: [40 marks total]
Read the following facts and discuss the questions below.
Arnold, a first year student, was walking home last Friday night at 11pm with a bag
full of law books to study over the weekend. As he entered the driveway of his house
he was stopped by PC Gordon who said, “what are you doing lurking around here?”
Arnold explained it was his student house but PC Gordon seized his bag and seeing
several copies of new books PC Gordon said that Arnold matched the description of
a thief who had recently burgled a local bookshop.
PC Gordon ordered Arnold to take off his coat and baseball cap in order to be
searched. Arnold reluctantly complied. On completion of the search which yielded
nothing PC Gordon told Arnold he was under arrest. When asked why, PC Gordon
replied that it was on “suspicion of being involved in criminal activity.”
PC Gordon then searched Arnold’s house and found a police traffic cone
(‘borrowed’ by Arnold and his friends as a drunken prank) in his room and some
cannabis in the tea caddy in the kitchen. Arnold was taken to Plymsea Police Station
for further enquiries.
At the police station Arnold was taken immediately to an interview room where PC
Gordon and PC Hackman questioned him about the theft of the traffic cone. After 2
hours Arnold was getting really frustrated and asked to see a solicitor but was told
“It’s only a minor offence, you don’t need one.” Arnold also asked if his tutor could be
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informed but was told that this “would not be appropriate.” Arnold confessed to
stealing the cone as he needed to leave the police station to sit a law test.
Advise Arnold, citing the relevant statutory provisions and supporting case
authorities in respect of:
1 The actions of the police and whether they are lawful
2 If the case came to trial what would be the attitude of the courts to the
confession
3 Any action he might bring against the police officers

 
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