5.6 Human rights and English law

Question 1

English law and the right to life (Article 2):

What obligations does article 2 put on the state?

Answer 1

Citizens’ right to life must be protected
- state must not take a life, except in extremely limited circumstances

Question 2

English law and the right to life (Article 2):

What does article 2 say must happen if there is a death in these situations

Answer 2

There’s an obligation for an official investigation

Question 3

English law and the right to life (Article 2):

What are the 2 different types of homicide, and what do they depend on

Answer 3

Murder and manslaughter

depend on circumstances of the situation and what was going through the defendants mind

Question 4

English law and the right to life (Article 2):

What are the only 2 complete defences for a homicide act

Answer 4

Self defence

Prevention of crime

Question 5

English law and the right to life (Article 2):

What’s the fundamental obligation of the UK police

Answer 5

Protect it’s citizens life

Must take reasonable steps to protect life where there is a real and immediate risk

Question 6

English law and the right to life (Article 2):

When must commanders of the police have clear understanding of the role of his officers

Answer 6

During an operation, like a raid on a suspected drug house

Question 7

English law and the right to life (Article 2):

What happens when police officers opperate outside of their common or statutory laws

Answer 7

The commander is held liable for the subordinates actions (in certain situations the constable is held liable)

Question 8

English law and the right to life (Article 2):

Describe how the police have to act

Answer 8

In a way that’s compatible with the Human Rights Act 1998.

When using lethal force, they must have primary concern for human life

Question 9

English law and the right to life (Article 2):

Under article 2, what can a claimant do if criminal law cannot provide a remedy for a breach of that article.

Answer 9

look to civil law to provide a form of recourse following the death

Question 10

English law and the right to life (Article 2):

When was negligence introduced to tort law, and to what extent does it cover death

Answer 10

Introduced in 1932 when Lord Atkin set out the roles in Donoghue v STevenson

• covers death from a car crash to mistake during surgery

Question 11

English law and the right to life (Article 2):

What must you establish for a successfull claim

Answer 11

Duty of care
Breach of duty of care
Foreseeable damage caused by defendants actions

Question 12

English law and the right to life (Article 2):

WHo investigates a death that occurs under police custody?

Answer 12

The Independent Police Complaints Commission (IPCC)

Question 13

English law and the right to life (Article 2):

Why was the Independent Police Complaints Commission formed

Answer 13

as a result of multiple complaints about a lack of an independent organisation overseeing , inter alia, deaths of suspects in police custody

Question 14

English law and the right to life (Article 2):

What are the characteristics on the investigation carried out under article 2

Answer 14

Open to public scrutiny
Any next of kin must be involved where necessary
Independent

Question 15

English Law and the deprivation of liberty (Article 5):

What people/situations can restrict a citizens liberty

Answer 15

Restricted by…
- police
- other authorised agents

Restricted if…
- mental capacity brought into question

Question 16

English Law and the deprivation of liberty (Article 5):

What is the 3 part acid test to determine if an idividual has been deprived of their liberty

Answer 16

1. Lack capacity to consent to their treatment/care agreements

2.Are under continuous supervision and control

3. Are not free to leave

ALL 3 MUST BE SATISFIED

Question 17

English Law and the deprivation of liberty (Article 5):

What case was the 3 part acid test established in

Answer 17

P v Cheshire West and Cheshire Council (2014)

Question 18

English Law and the deprivation of liberty (Article 5):

What must ‘deprivation of liberty’ be in accordance to?

Answer 18

Either, government standards, the Court of Protection or the Mental Health Act 1983.

Question 19

English law and privacy and communications (Article 8):

What did Parliament do following criticisms on the restrictions of Article 8

Answer 19

Passed provisions to protect and restrict this right

Question 20

English law and privacy and communications (Article 8):

Give an example in criminal law of a provision passed by Parliament for this right

Answer 20

The Police and Criminal Evidence Act 1984 (PACE 84)

Question 21

English law and privacy and communications (Article 8):

Restrictions of right to privacy of the Police and Criminal Evidence act 1984 (criminal law example)

Answer 21

Under part II of PACE 84, the police are given powers to:

• Enter premises
• Search premises
• Sieze items at premises

Question 22

English law and privacy and communications (Article 8):

Protections of right to privacy of the Police and Criminal Evidence act 1984 (criminal law example)

Answer 22

Under part II of PACE 84, the public are give safeguards:

• police must have reasonable grounds
• items or persons sought must be identified as practicably as possible

Question 23

English law and privacy and communications (Article 8):

Give an example in civil law of a provision passed by Parliament for this right

Answer 23

The investigatory Powers Act 2016 (IPA 16)

Question 24

English law and privacy and communications (Article 8):

Restrictions of right to privacy by the Investigatory Powers Act 2016 (civil law)

Answer 24

Part II of IPA 16 gives british security services power to:

• intercept items sent by post
• intercept electronic communications

Question 25

English law and privacy and communications (Article 8):

Protection of right to privacy under Investigatory Powers Act 2016 (civil law)

Answer 25

Part I of IPA 16 states, there are certain privacy protections under civil law as:

• It provides guidance to the security services
• Citizens able to sue if communications have been intercepted without lawful authority

Question 26

English law and privacy and communications (Article 8):

Criminal case example of violation of right to privacy

Answer 26

S and Marper v United Kingdom (2008)

Question 27

English law and privacy and communications (Article 8):

Facts of S and Marper v United Kingdom (2008)

Answer 27

Both C’s were arrested and had DNA samples taken by the police, when both cases were dropped police kept DNA samples. Both C’s requested for samples to be destroyed but got denied

Question 28

English law and privacy and communications (Article 8):

Held in S and Marper v United Kingdom (2008)

Answer 28

ECHR found that the state had violated Article 8, the right to respect privacy, and granted both C compensation

Question 29

English law and expression, assembly and association

Name a restriction of the freedom of expression under Article 10(2)

Answer 29

Racial and Religious Hatred Act 2006 creates an offence of using words, behaviours or written material to create racial hatred

Question 30

English law and expression, assembly and association

Name a restriction to the freedom of assembly and association under Article 11(2)

Answer 30

The Criminal Justice Public Order Act of 1994 created an offence of tresspass into the criminal law called ‘aggravated tresspass’