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3.5.1 Written Examination marking procedure<br />

i. First marking<br />

All the scripts are sent out to an assessor for first marking.<br />

ii. Second Marking<br />

Only scripts that fall within the b<strong>and</strong>ing of 45% to 52% are second marked, unless a<br />

first marker specifically requests that a script be second marked. All overriding fault<br />

scripts are second marked.<br />

iii. Moderation<br />

A selection of scripts is sent to the external moderator(s) for moderation (i.e., review<br />

<strong>and</strong> agreement). The selection includes:<br />

• Scripts that fall within the b<strong>and</strong>ing of 45% <strong>and</strong> 52%;<br />

• A selection of passes from each assessor including low, median <strong>and</strong> high<br />

passes;<br />

• All scripts requested by the assessors to be moderated;<br />

• All overriding fault scripts;<br />

• Any script increased from a fail to a pass by the second marker.<br />

Once the scripts have been moderated, the <strong>Assessment</strong> Board meets to discuss <strong>and</strong><br />

agree the results.<br />

3.6 Overriding fault in English<br />

3.6.1 Overriding Faults<br />

There are two overriding faults which may cause a c<strong>and</strong>idate to fail an assessment<br />

notwithst<strong>and</strong>ing the c<strong>and</strong>idate has scored a pass mark of 50% or over <strong>and</strong> these are<br />

detailed below:<br />

i. Overriding fault in English<br />

It is a requirement of the Law Society’s st<strong>and</strong>ards that c<strong>and</strong>idates must<br />

demonstrate the ability to communicate to a high st<strong>and</strong>ard of written English<br />

in the Written Examination. C<strong>and</strong>idates who fail to demonstrate a high<br />

st<strong>and</strong>ard must fail overall. C<strong>and</strong>idates will receive notification of the reason<br />

for failing the assessment.<br />

ii. Gross professional errors<br />

A gross professional error (GPE) is an error which, had it been made in<br />

relation to a client in a real life situation, might in the opinion of the<br />

<strong>Assessment</strong> Board have led to disciplinary action being taken by the Law<br />

Society against the individual or the partner(s)/solicitors within a firm.<br />

Examples of a GPE are as follows:<br />

• misleading the court;<br />

• assisting the client to commit a criminal offence e.g. advising the client<br />

to overstay;<br />

• knowingly putting forward false information on behalf of the client;<br />

• inventing evidence;<br />

May 2011 <strong>–</strong> V14 15

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