Task 4 – Professional Writing
This task focuses on letter writing and examines your ability to DEMONSTRATE professional writing skills [100 marks]
Read the memorandum and research note below.
You should prepare a letter of advice to the client.
This task is worth 100 marks. You will accrue marks for the following:
Content 25 marks
Organisation and layout 25 marks
Spelling, punctuation and grammar 25 marks
Style and language 25 marks
Eagles & Co
From: Geoff Eagles
Subject: Andrew Gatehouse
We have today been instructed by Andrew Gatehouse. Mr Gatehouse has recently been contacted by the police who wish to interview him regarding some allegations made against him by the Badger Protection League.
The League has alleged that Mr Gatehouse has been killing badgers on his land by digging up their setts and sending his dogs in. The League also alleges that he is keeping some live badgers in cages in the grounds of his property.
Mr Gatehouse denies deliberately digging up the badger setts and says that he thought they were fox holes and was trying to catch foxes. Unfortunately, his dogs did injure two badgers and killed another. He has the dead badger in his barn and is planning on selling it to a friend of his whose hobby is taxidermy. He wants to know whether he can do this.
Mr Gatehouse admits that he is keeping two badgers in cages at his property but these are the badgers his dogs injured and he has been nursing them back to health so that he can release them into the wild. He wants to know whether he has done anything illegal by keeping the badgers in this way.
Please could you draft a letter of advice to Mr Gatehouse dealing with the issues he has raised? I have attached some extracts from Halsbury’s Laws which should provide you with all the information you need to advise him.
Mr Gatehouse’s address is 68 Main Avenue, Westbridge, WB60 5SA.
Extracts from Halsbury’s Laws
813 It is an offence for any person to have in his possession or under his control any dead badger or any part of, or anything derived from, a dead badger2; and for any person to sell3, offer for sale or have in his possession or under his control any live badger4.
For enforcement, proceedings and penalties see para 817 post.
Protection of Badgers Act 1992 s 1(3). A person has a defence if he shows that the badger had not been killed, or was not killed in contravention of the provisions of the Act; or if he shows that the thing in question had been sold (whether to him or to any other person) and, at the time of the purchase, the purchaser had no reason to believe that the badger had been killed in contravention of the Act: s 1(4).
‘Sale’ includes hire, barter and exchange, and cognate expressions are to be construed accordingly: ibid s 14.
Ibid s 4. This offence is not committed if a person has a live badger in his possession or under his control if it is in his possession or under his control in the course of his business as a carrier; or it has been disabled otherwise than by his act and he has taken it solely for the purpose of tending it, and it is necessary for that purpose for it to remain in that person’s possession or under his control: s 9.
817. Enforcement, proceedings and penalties.
The following offences, namely
taking, injuring or killing a badger, or attempting to do so;
possession of a dead badger or anything derived therefrom;
cruelty to a badger; and
interfering with badger setts,
are punishable on summary conviction with imprisonment for a term not exceeding six months or a fine not exceeding level 5 on the standard scale5 or both.
5 ‘Standard scale’ means the standard scale of maximum fines for summary offences as set out in the Criminal Justice Act 1982 s 37 (as amended): see the Interpretation Act 1978 s 5, Sch 1 (definition added by the Criminal Justice Act 1988 s 170(1), Sch 15 para 58); and CRIMINAL LAW, EVIDENCE AND PROCEDURE vol 11(2) (Reissue) para 808; MAGISTRATES vol 29(2) (Reissue) para 804. At the date at which this volume states the law, the standard scale is as follows: level 1, £200; level 2, £500; level 3, £1,000; level 4, £2,500; level 5, £5,000: Criminal Justice Act 1982 s 37(2) (substituted by the Criminal Justice Act 1991 s 17(1)). As to the determination of the amount of the fine actually imposed, as distinct from the level on the standard scale which it may not exceed, see the Powers of Criminal Courts (Sentencing) Act 2000 s 128; and MAGISTRATES vol 29(2) (Reissue) para 807.
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