How to answer past year questions on CLRI. 
THIS PAPER IS NOT TO BE REMOVED FROM THE EXAMINATION HALLS
UNIVERSITY OF LONDON
LA1031
ZB
DIPLOMA IN LAW
DIPLOMA IN THE COMMON LAW
LLB
ALL SCHEMES AND ROUTES
BSc DEGREES WITH LAW
Common Law Reasoning and Institutions
Tuesday 20 May 2014: 10.00 – 13.15
Candidates will have fifteen minutes during which they may read the paper and make rough notes ONLY in their answer books. They then have the remaining THREE HOURS in which to answer the questions.
Candidates must answer the COMPULSORY question in Part A, TWO from the SEVEN questions in Part B and the COMPULSORY question in Part C.
NOTE: Candidates may detach the sections of the Identity Documents Act
2010 from pages 6 to 12 of this question paper for ease of reference in answering Question 9.
Candidates should answer all parts of a question unless otherwise stated.
© University of London 2014
UL14/0517
Page 1 of 12
PART A
Candidates must answer this COMPULSORY question.
1.
(a)
What are the key facts and legal issues of Rottman?
(5 marks)
(b)
According to Lord Hope (dissenting) why was there a breach of
Article 8 in this case?
(5 marks)
(c)
Summarise Lord Hutton’s discussion of the nature and extent of the common law powers to search Rottman’s premises and why they continued in force after the 1984 PACE.
(10 marks)
(d)
‘Under the common law the police had power, after arresting a person in his house or in the grounds of his house, to search the house and seize articles which they reasonably believed to be material evidence in relation to the crime for which they had arrested that person. Notwithstanding the incremental development of this power over the years, the principle is not wide enough to cover the search of the flat where Hewitson was some two hours prior to his arrest in a nearby road. The objective of the common law is not only the obtaining and preservation of evidence but also the protection of a person's private property from arbitrary invasion or intrusion, an objective
reinforced
UNIVERSITY OF LONDON
LA1031
ZB
DIPLOMA IN LAW
DIPLOMA IN THE COMMON LAW
LLB
ALL SCHEMES AND ROUTES
BSc DEGREES WITH LAW
Common Law Reasoning and Institutions
Tuesday 20 May 2014: 10.00 – 13.15
Candidates will have fifteen minutes during which they may read the paper and make rough notes ONLY in their answer books. They then have the remaining THREE HOURS in which to answer the questions.
Candidates must answer the COMPULSORY question in Part A, TWO from the SEVEN questions in Part B and the COMPULSORY question in Part C.
NOTE: Candidates may detach the sections of the Identity Documents Act
2010 from pages 6 to 12 of this question paper for ease of reference in answering Question 9.
Candidates should answer all parts of a question unless otherwise stated.
© University of London 2014
UL14/0517
Page 1 of 12
PART A
Candidates must answer this COMPULSORY question.
1.
(a)
What are the key facts and legal issues of Rottman?
(5 marks)
(b)
According to Lord Hope (dissenting) why was there a breach of
Article 8 in this case?
(5 marks)
(c)
Summarise Lord Hutton’s discussion of the nature and extent of the common law powers to search Rottman’s premises and why they continued in force after the 1984 PACE.
(10 marks)
(d)
‘Under the common law the police had power, after arresting a person in his house or in the grounds of his house, to search the house and seize articles which they reasonably believed to be material evidence in relation to the crime for which they had arrested that person. Notwithstanding the incremental development of this power over the years, the principle is not wide enough to cover the search of the flat where Hewitson was some two hours prior to his arrest in a nearby road. The objective of the common law is not only the obtaining and preservation of evidence but also the protection of a person's private property from arbitrary invasion or intrusion, an objective
reinforced