5. Legislation Flashcards
What is Civil Law?
In Civil Law the Crown supplies the court and judge but is a way for a Plaintiff to seek compensation in civil matters
What is Criminal Law?
In Criminal Law the Crown has the right to prosecute citizens for criminal offences
What are the 2 points in Article 2 of the Human Rights Act 1998? (The Rights to Life)
- Everyone’s right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime
- Deprivation of life shall not be regarded as inflicted in contravention of this article when it results from the use of force which is no more than absolutely necessary:
a. In Defence of any person from unlawful violence
b. In order to affect a lawful arrest or to prevent the escape of a person lawfully detained
c. Action lawfully taken for the purpose of quelling a riot or insurrection
What is the main point of Article 3 of the Human Rights Act 1998? (Prohibition of Torture)
No one shall be subjected to torture or to inhuman or degrading treatment or punishment
What are the 2 points in Article 5 of the Human Rights Act 1998? (Right to Liberty and Security)
- Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law.
a. The lawful detention of a person after conviction by a competent court
b. The lawful arrest or detention of a person for noncompliance with the lawful order of a court or in order to secure the fulfilment of any obligation prescribed by law
c. The lawful arrest or detention of a person effected for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done it
d. The detention of a minor by lawful order for the purpose of educational supervision or his lawful detention for the purpose of bringing him before the competent legal authority
e. The lawful detention of persons for the prevention of the spreading of the infectious diseases, of persons of persons of unsound mind, alcoholics or drug addicts or vagrants,
f. The lawful arrest or detention of a person to prevent this affecting an unauthorised entry into the country or of a person against whom action is being taken with a view to deportation or extradition. - Everyone who is arrested shall be informed promptly, in a language which he understands, of the reasons for his arrest and of any charge against him.
What are the 8 Data Protection Principles?
1) Processed fairly and lawfully
2) Obtained for specified and lawful purposes
3) Adequate, relevant and not excessive
4) Accurate and, where necessary, kept up to date
5) Not kept for longer than necessary
6) Processed in accordance with the subjects rights
7) Kept secure
8) Not transferred abroad without adequate protection
What are the 2 points in Article 8 of the Human Rights Act 1998? (Right to Respect for Private and Family Life)
- Everyone has the right to respect for his private and family life, his home and his correspondence
- There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic wellbeing of the country, for the prevention of disorder or crime, for the protection of health or morals, or morals, or for the protection of health or morals, or for the protection of the rights and freedoms of others
What is the purpose of the Data Protection Act of 1998 and the General Data Protection Regulations (GDPR)?
They set out rules for processing personal information, and they apply to some paper records as well as those held on computer and some automatically processed data, e.g., document image processing, audio / video, photographs and CCTV.
The Act gives individuals certain rights, and imposes obligations on those who record and use personal information to be open about how information is used and to follow eight data protection principles
What is Discrimination? Give an example.
Discrimination happens when an employer treats one employee less favourably than others.
E.g., a female employee being paid less than a male colleague for doing the same job, or a minority ethnic employee being refused the training opportunities offered to Caucasian colleagues
What does the Equal Opportunities Law aim to do?
It aims to create a ‘level playing field’ so that people are employed, paid, trained and prompted only because of their skills, abilities and how they do their job
What are some of the major categories people may be discriminated for?
- Gender
- Marriage or Civil Partnership
- Gender reassignment
- Pregnancy and maternity leave
- Sexual orientation
- Disability
- Race
- Colour
- Ethnic background
- Nationality
- Religion or belief
- Age
