Question 1 Critically analyse the following quote in light of what you have learnt in this subject. "We have a problem when the same people who make the law get to decide whether or not they themselves have broken the law." [10 marks] Question 2 The Rule of Law requires equality before the law. Does this mean that everyone should be treated the same way before the law? Why/Why not? [10 marks] Question 3 How does a dispensation of law threaten the separation of powers? [10 marks]
Question 4 (THREE PARTS) Gold Beach Police Detectives Starsky and Hutch were called to attend the local library at 2pm one Wednesday afternoon. The report stated that some fireworks had been set off in a bin in the foyer, and the librarian and a patron had been injured. The report also stated that a witness had seen two teenage girls in black hoodies running from the scene. Starsky and Hutch proceeded to the library, and when they were almost there Starsky saw a girl walking on the footpath, wearing a black hoodie, and flicking a lighter in her hand. Starsky told Hutch to stop the car, and he then jumped out and grabbed the girl by the arm, saying "You are under arrest! Where's your mate?" The girl reacted by saying "Please stop, you are hurting me! My name is Olivia, and I don't know what you are talking about! I don't have any mates." Starsky replied "Save it Olivia. We are going to take you to the station to discuss your activities this afternoon, and so I better tell you that anything you say from now on can be used against you when we take you to court. Do you understand me?" Olivia said "Yes I think so" and began to cry. She then agreed to hop into the police car and was taken to the station. Once at the station, Starsky and Hutch put her in an interview room, and activated the recording devices. They then began to ask her where she had been that afternoon. She said to them "I don't want to tell you anything, you are making me feel scared. I want to call my boyfriend, or my mum." Hutch said "We don't have much time, that librarian and the little boy who got hurt by your stupid fireworks are in a bad way. The boy is probably going to die. You may as well just confess." Hearing this, Olivia - who was clearly shocked - broke down and said "It was just a prank. We scored some fireworks off the internet and thought it would be funny to light them in the bin. We didn't mean to hurt anyone, I promise." Olivia had told police she was 19 years old. She refused to tell the police who she was with. Analyse the validity of the police conduct in relation to Olivia's arrest and questioning, making reference to relevant provisions of the Police Powers and Responsibilities Act. [PART