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

Assignment Brief

CONSTITUTIONAL AND ADMINISTRATIVE LAW – LLBP1001

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.   

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.

Sample Answer

Advice to Theresa, Nicola and Evaluation of Police Actions

Was it lawful for PC Corbyn to arrest and handcuff Theresa?

Under Section 24 of the Police and Criminal Evidence Act 1984 (PACE), police officers can arrest someone without a warrant if they suspect that person is involved in a criminal offence, and if the arrest is necessary (for example, to prevent escape or harm).

In Theresa’s case:

• She was texting and did not notice the officer.

• She ran away when he tapped her, which may have looked suspicious.

• However, there was no clear reason to arrest her, especially as there’s no evidence she committed an offence or posed a threat.

To arrest someone under Section 89 of the Police Act 1996, the person must resist or obstruct a constable in the execution of his duty. But Theresa was startled, not necessarily obstructive. According to Case: Rice v Connolly [1966], a person is not legally required to speak to the police, and being uncooperative is not the same as obstruction.

So, the arrest may not have been lawful.

As for handcuffing:

• Handcuffs should only be used when necessary, for example, if the person is violent or trying to escape.

• Case: Roberts v Chief Constable of Cheshire Constabulary [1999] shows that routine handcuffing is unlawful if there is no justification.

• PC Corbyn’s reason, “rules are rules” – is not enough.

So, handcuffing Theresa was likely unlawful too.

2. Was it lawful to deny Theresa the right to speak to a lawyer?

Under Section 58 of PACE 1984, everyone who is detained has the right to consult a solicitor privately at any time.

The only exception is if a senior officer believes this will harm the investigation, and even then, this must be authorised and recorded properly. Corbyn simply said she wouldn’t “need a fancy lawyer”, which violates her legal rights.

So, Theresa’s rights were breached.

3. Was the search of Nicola’s house lawful?

PC Corbyn arrested Vince at Nicola’s house, then started searching the house. Under Section 18 of PACE 1984, police can search premises occupied or controlled by someone who is under arrest for an indictable offence, but only with proper authorisation from a senior officer, and only for evidence related to the offence.

Also, Nicola was not under arrest, and her house should only be searched with a warrant, unless urgent.

Corbyn’s threat, “if I find drugs I’ll nick you too”, was inappropriate and likely an abuse of power. Case: R v Longman [1988] shows that police must act within legal limits when entering and searching homes.

Conclusion (Part A):

• Theresa’s arrest, handcuffing, and denial of legal advice were likely unlawful.

• Nicola’s house search was likely unlawful, especially if no warrant or proper authority was obtained.

• The police actions were excessive and failed to follow the required procedures.

Advice on the Construction Licensing Scheme and Challenges

The Federation of Master Sparkies

The Safety in Construction Act 2012 (fictional) says the Minister must consult with groups “as appear to him” to be appropriate. This kind of wording gives the Minister discretion, but this discretion must still be used fairly.

If the Federation is a major industry group, failing to consult them might be unreasonable. In R v Secretary of State for Education, ex parte National Union of Teachers [2000], the court said even discretionary consultation must be meaningful.

Continued...