EU Law, International Law – custom papers

Yhtomit: differentiate between acts of cyber-espionage from simpleJune 16, 2021

PART B: [30 marks total]Identify the importance of the case R v Secretary of State for Transport, ex parteFactortame (1990). Assess whether or not this decision has abrogated the principleof 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 bagfull of law books to study over the weekend. As he entered the driveway of his househe 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 seeingseveral copies of new books PC Gordon said that Arnold matched the description ofa thief who had recently burgled a local bookshop.PC Gordon ordered Arnold to take off his coat and baseball cap in order to besearched. Arnold reluctantly complied. On completion of the search which yieldednothing PC Gordon told Arnold he was under arrest. When asked why, PC Gordonreplied 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 somecannabis in the tea caddy in the kitchen. Arnold was taken to Plymsea Police Stationfor further enquiries.At the police station Arnold was taken immediately to an interview room where PCGordon and PC Hackman questioned him about the theft of the traffic cone. After 2hours 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 beLAW1210 Page 5 of 5informed but was told that this “would not be appropriate.” Arnold confessed tostealing the cone as he needed to leave the police station to sit a law test.Advise Arnold, citing the relevant statutory provisions and supporting caseauthorities in respect of:1 The actions of the police and whether they are lawful2 If the case came to trial what would be the attitude of the courts to theconfession3 Any action he might bring against the police officers
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