Q2.2
In England, Wales and Scotland “road” is defined as not including a footpath or bridleway but, under the condition that, has “In England and Wales the meaning given by section 192 (1) of the (1988 C.52) Road Traffic Act 1988; and in Scotland the meaning given by section 151 (1984 C.54) Roads (Scotland) Act 1984.”
Q3.1
In box 3, there are four offences that have been committed and they are:-
- Under the “Horses (Protective Headgear for young riders) Act 1990 (C.25)” ,Section 1(1) an offence has been committed because a child under 14 years old, has been caused or permitted to ride a horse on the road without wearing the appropriate protective headgear.
- An offence under the “Protection of Badgers Act 1992 (C.51)” Section 3, has been committed as damage has been caused to a badger sett and obstruction to the entrance of the badger sett has also occurred.
- The final offences that have been committed are also under the “Protection of Badgers Act 1992 (C.51)” and they are from Section 1(3) and (5), a person has been stopped whilst in possession of a dead badger and when asked for a name and address by a Police Constable, the information was refused.
Q3.2
- Ann under the “Horses (Protective Headgear for young riders) Act 1990 (C.25)” you have committed an offence. The reason for this is because you have allowed a child who is under the age of 14 years for who you are responsible for, to ride a horse on the road without wearing the correctly specified headgear.
My reason for giving Ann this advice is because section 1, (1) of the Act states that is an offence for any person to cause or permit a child under 14 to ride a horse on the road without the correct headgear, as the mother of Shaun and as the owner of the horse she has a responsibility to ensure Shaun’s safety. Although she prepared Shaun for the ride she still allowed him to go on the ride without headgear. Whilst advising her that she had committed an offence I also advised her how.
- Paul although you probably did not intentionally do so, through your careless behaviour of playing football close to a badger sett, you have caused damage and consequently obstructed the entrance to the sett. You may not be aware of the “Protection of Badgers Act 1992 (C.51)” but according to Section 3 (a) and (c) of this Act, you have actually committed an offence because of the damage and obstruction you caused to the sett.
My reasons for giving Paul this advice was to inform him that although he hadn’t intentionally done so he had committed an offence, as Section 3 of the Act shows a person is guilty of an offence if they interfere with a badger sett, either intentionally or by careless behaviour. Whilst giving the advice I tried to make it simple but informing due to his age.
- Karen the “Protection of Badgers Act 1992 (C.51)” is an Act to protect badgers. Section 1, (3) of the Act makes a person guilty of an offence, if they are found in possession of a dead badger, as you have been. Also when asked for your name and address by a Police Constable, you refused, consequently committing another offence.
My reason for giving Karen this advice was to inform her of the offences which she committed which were under Sections 1, (3) and (5) of the Act as she had been stopped in possession of a dead badger and then refused to give name and address when requested.
Word count: 849
Bibliography/ References
Hilltop wood, Box 3, Assessment Guide Part 1
Horses (protective headgear for young riders) Act 1990 (C.25), Box 2, Assessment Guide Part 1
Protection of Badgers Act 1992(C.51), Box 1, Assessment Guide Part 1
