Answer Questions 1 and 2, including all three parts of Question 1. ? – Include separate bibliographies at the end of Question 1 & Question 2. ? – No footnotes or bibliography are required for Question 1(c) ? – Referencing Style: OSCOLA Question 1: ?Case Study: (a) (1000 word limit, excluding footnotes/bibliography) You work at your pro bono clinic providing advice on criminal justice matters. You receive a phone call from a young man called Jim: “I need your help. The police are investigating me for a rape I did not commit. I did not do it. I am so scared. I do not want to go prison. What is going to happen to me? Please help me!” Advise Jim on: – The powers of the police in relation to this process. – The role of the Crown Prosecution Service. – The trial process and which court the case will be heard in. – The types of evidence that may be submitted against him. – If found guilty, the sentence he could receive. – Whether he can appeal if found guilty. ? (b) (500 word limit, excluding footnotes/bibliography) Based on Jim’s own account of what happened on the night in question, (outlined below), and your knowledge of the Sexual Offences Act 2003, (SOA) and related case law, advise Jim on whether he is likely to be convicted of the crime of rape under Section 1 of the SOA 2003 if he pleads not guilty. Jim met Katia at a party and they started chatting. After an hour or so, Katia told Jim she was going outside to phone her boyfriend, John, who was working away from home that weekend. Jim told Katia it had been nice talking to her and went off to get himself something to eat. A couple of hours later Jim passed Katia in the hallway and realised she was very drunk. He offered to drive her home. By the time they arrived at Katia’s flat she could barely stand up. Jim took her keys and opened the door for her. He turned on the hall light and carried Katia to the bedroom where she collapsed in a heap on the bed. Jim removed Katia’s shoes, turned off the light, and pulled the covers over her, intending to leave. Katia suddenly reached up and grabbed Jim by the neck causing him to lose his balance. She pulled him down onto the bed saying ‘Show us what you are made of Johnny Boy’ whilst tugging at his trousers. They started having sex. After several minutes Katia began screaming hysterically ‘Who are you? You’re not John. Get out, get out’. She then threw up all over Jim, who got dressed as quickly as he could, and left. A week later one of Jim’s friends, who was also at the party, told him that Katia was claiming she had been raped by a man who had driven her home that night and the police are investigating her claims. (c) (500 word limit. No footnotes/bibliography needed) Whilst typing up your notes taken during the phone call from Jim, you realise that your laptop is not saving your work properly. You bought the laptop from a friend for £500. Your friend told you the laptop (an Apple Air) was 6 months old, was in perfect working order and that she was only selling it because her workplace were providing one for her now that she was working from home. You took it to a local computer shop who said they might be able to repair it but you had to pay £20 for them to inspect it. A couple of days later you went to collect it and they told you that it was at least two years old and that the hard drive was corrupted. They said it was not worth mending and they could sell you something reliable with a 12-month guarantee for £400. On the receipt for the £20 you paid for the inspection they wrote “Corrupt hard drive, not economic to repair”. You have phoned your friend and left messages saying that you want your money back, but she is not taking your calls. Your colleagues at the firm where you are working tell you that you need to put it in writing to her before starting court proceedings. Following the requirements of the Civil Procedure Rules, draft a letter to your friend. She is: Vidhi Sharma and lives at 16A Opera building, New Delhi QUESTION 2: ?(a) (1000 word limit, excluding footnotes/bibliography In May 2021, when addressing the London International Disputes Week, the Master of the Rolls said “the role of Dispute Resolution providers, whether they are governments or online portals, is simply facilitation that is quick and cost- effective resolution.” Critically discuss this statement.
