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Advise Bodgit, Crook, Cowboy and the Federation of Master Sparkies as to whether they can challengethese decisions, and if so, on what grounds.


A. PC Corbyn was on his way to investigate reports of a robbery at a corner shop when he saw Theresa outside the café next door. He went to ask Theresa if she had seen anything suspicious but she was busy texting on her phone and didn`t notice the officer approaching. When PC Corbyn tapped her on the shoulder to get her attention, Theresa was startled and started to run away. PC Corbyn grabbed Theresa and arrested her for an offence under section 89 of the Police Act 1996.

PC Corbyn insisted that Theresa had to be handcuffed before being taken to the station. When Theresa protested, PC Corbyn said, `rules are rules. If I don`t handcuff everyone who gets put into this police car I`ll get an earful from my Chief Constable.` At the police station Theresa demanded to be allowed to speak to a lawyer but PC Corbyn refused, saying `you won`t need a fancy lawyer for this. It`s just routine stuff.`

Later that day PC Corbyn arrested Vince at Nicola`s house, on suspicion of carrying out the robbery at the shop. He then started to search Nicola`s house. When Nicola objected and pointed out that she was not the one under arrest, PC Corbyn said, `yes, but if I find any drugs or weapons I`m going to nick you as well.`

Theresa would like advice as to whether it was lawful for PC Corbyn to arrest and handcuff her. She would also like to know whether PC Corbyn acted lawfully in denying her request to speak to a lawyer. Nicola would like to know whether it was lawful for PC Corbyn to search her house for drugs and weapons.

Advise Hermione and Neville whether the police have acted lawfully.Critically consider this statement, using statute, case law and other evidence to support your arguments.   

 B.       The Minister for Industry is authorised bythe (fictitious) Safety in Construction Act 2012 to make regulations to ensure health and safety standards in the building industry. The Act states that before making anyregulations he must consult such organisations “as appear to him” to be appropriate.

The Minister has made regulations which establish a Construction Safety Board with the power to award licences to construction workers who meet its strict safety standards. The regulations also state that from January 2013it will be an offence to work in the construction industry without a licence.

The Federation of Master Sparkies is a national organisation representing electricians who work in the construction industry. It is unhappy that it was not consulted before the regulations were made, and it feels that many of its members are being unfairly refused licences. One of its members, Crook, is being prosecuted for continuing to work without the necessary licence.

Cowboy has worked as a builder for twenty years and he was one of the first to apply for a licence when the new scheme was introduced. His application was rejected by the Board but no reasons were given.

Bodgit’s application for a licence has also been rejected. The Board has told him that this is because he refuses to wear a safety harness when working on roofs, butBodgit suspects that the real reason for the decision is that he publicly criticised the licensing scheme in an article in the Builder’s Gazette.

Advise Bodgit, Crook, Cowboy and the Federation of Master Sparkies as to whether they can challengethese decisions, and if so, on what grounds.

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