Questions Question 1 Read the following facts and answer the question that follows: Harry is a student at university. He has been arrested by the police on suspicion of assaulting his friend Rob and causing Rob actual bodily harm. It is alleged that Harry pushed Rob during an argument in a crowded nightclub called ‘Underground’. Rob has told police that during this argument Harry pushed Rob hard, causing him to stagger backwards. As Rob fell to the ground he accidentally knocked a glass to the ground. The glass shattered causing cuts to Rob’s hand, which required stitches. The police have taken witness statements from a number of people present in the nightclub at the time of the incident. Some witnesses have indicated that they did not see the incident. Others recall seeing Harry and Rob arguing but did not see Harry push Rob. Three people have given statements saying that they saw the incident. One of these three people include Chloe who was returning to the main part of the nightclub and had a clear view of the incident. Chloe is Rob’s girlfriend. Anita has stated she was very close to the incident and saw Harry push Rob, but evidence has come to light to suggest that she has poor eyesight and was not wearing her glasses that evening. Dev was about three metres away from the incident and also says he saw Harry push Rob, but he also stated that his view was partially obscured by other people in the nightclub. Harry admits that he did argue with Rob. They were arguing over Chloe with whom Harry has a close friendship. However, Harry denies pushing Rob. Harry says that Rob was accidentally jostled by someone else in the nightclub and that caused Rob to fall backwards and cut his hand on the glass. Harry has no previous convictions. Harry is well-liked at university and his tutor, Professor Ampleforth, has given him a glowing reference. The appropriate offence for this level of injury is assault occasioning actual bodily harm (‘ABH’), which attracts a maximum sentence of five years. Using The Code for Crown Prosecutors explain whether Harry should be charged with ABH. (50 marks) Question 2 Find and read the following articles: Parpworth, N. (2016) ‘Stop and Search and Police Legitimacy: Part 1’, Criminal Law & Justice Weekly, vol. 180, p. 272–4. Parpworth, N. (2016) ‘Stop and Search and Police Legitimacy: Part 2’, Criminal Law & Justice Weekly, vol. 180, p. 290–2. Summarise Parpworth’s argument for the inclusion of elements of the voluntary ‘Best Use of Stop and Search’ (BUSS) scheme in statute. (45 marks) Question 3 Question 1 of this TMA was a problem-solving question. Legal Skills 3 and the second Online Skills Tutorial introduced the IRAC problem-solving method. Explain how this method helped you to structure your answer to Question 1. (5 marks)