CONSTITUTIONAL AND ADMINISTRATIVE LAW COURSEWORK
This question is in two parts and you are required to answer both of them. Each part is worth 50% of the overall mark for this assessment.
A. PC Potter, a police officer, was investigating a series of thefts from shops in Hogsmeade`s shopping mall. He observed Hermione walk into Minerva`s Mobiles and then immediately leave again. PC Potter thought that this looked suspicious so he followed Hermione down the street and asked her why she had left the shop in such a hurry. Hermione said `mind your own business` and carried on walking, so PC Potter took her by the arm and said `turn around while I`m talking to you`. Hermione then kicked PC Potter in the shins and was told `you`re nicked`. At the police station PC Potter told Hermione that she was under arrest for the offence of assaulting an officer in the execution of his duties. Hermione asked if she could speak to a lawyer, but PC Potter refused because he was worried that the lawyer might advise her not to co-operate with his investigation. Neville owns a jewellery shop in the shopping mall and his store has reported four separate theft incidents in the last week. He feels that the police should be doing more to tackle the problem, but Superintendent Dumbledore has told him that his officers’ priority is to tackle crime in Hogsmeade`s inner cities and that he does not have enough resources to send officers to patrol the mall. Advise Hermione and Neville whether the police have acted lawfully.
B. In order to trade in the mall store owners must first be licensed by Hogsmeade Council`s Licensing Board, and such licenses are subject to annual renewal. Ron owns a bookstore in the mall called Ron`s Reads and has held a licence for the last ten years. The council refused to renew the licence this year but no reasons for the decision were given. He feels that this is unfair and has continued to trade. He is now facing prosecution for operating an unlicensed business, contrary to the (fictitious) Mall Trading Act 2010. Molly applied for a licence to open a stall selling beauty products but the council turned down her application. The council is aware that Molly planned to sell products which have been tested on animals and they have told her that it is their policy to refuse such applications on moral grounds. However, there is already a store selling beauty products in the mall and Molly has now discovered that the owner of that store is married to the chairman of the Licensing Board. Advise Ron and Molly whether they can seek judicial review of the Licensing Board`s decisions, and if so on what ground(s).