5.6 Human rights and English law Flashcards
English law and the right to life (Article 2):
What obligations does article 2 put on the state?
Citizens’ right to life must be protected
- state must not take a life, except in extremely limited circumstances
English law and the right to life (Article 2):
What does article 2 say must happen if there is a death in these situations
There’s an obligation for an official investigation
English law and the right to life (Article 2):
What are the 2 different types of homicide, and what do they depend on
Murder and manslaughter
depend on circumstances of the situation and what was going through the defendants mind
English law and the right to life (Article 2):
What are the only 2 complete defences for a homicide act
Self defence
Prevention of crime
English law and the right to life (Article 2):
What’s the fundamental obligation of the UK police
Protect it’s citizens life
Must take reasonable steps to protect life where there is a real and immediate risk
English law and the right to life (Article 2):
When must commanders of the police have clear understanding of the role of his officers
During an operation, like a raid on a suspected drug house
English law and the right to life (Article 2):
What happens when police officers opperate outside of their common or statutory laws
The commander is held liable for the subordinates actions (in certain situations the constable is held liable)
English law and the right to life (Article 2):
Describe how the police have to act
In a way that’s compatible with the Human Rights Act 1998.
When using lethal force, they must have primary concern for human life
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.
look to civil law to provide a form of recourse following the death
English law and the right to life (Article 2):
When was negligence introduced to tort law, and to what extent does it cover death
Introduced in 1932 when Lord Atkin set out the roles in Donoghue v STevenson
- covers death from a car crash to mistake during surgery
English law and the right to life (Article 2):
What must you establish for a successfull claim
Duty of care
Breach of duty of care
Foreseeable damage caused by defendants actions
English law and the right to life (Article 2):
WHo investigates a death that occurs under police custody?
The Independent Police Complaints Commission (IPCC)
English law and the right to life (Article 2):
Why was the Independent Police Complaints Commission formed
as a result of multiple complaints about a lack of an independent organisation overseeing , inter alia, deaths of suspects in police custody
English law and the right to life (Article 2):
What are the characteristics on the investigation carried out under article 2
Open to public scrutiny
Any next of kin must be involved where necessary
Independent
English Law and the deprivation of liberty (Article 5):
What people/situations can restrict a citizens liberty
Restricted by…
- police
- other authorised agents
Restricted if…
- mental capacity brought into question
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
- Lack capacity to consent to their treatment/care agreements
2.Are under continuous supervision and control
- Are not free to leave
ALL 3 MUST BE SATISFIED
English Law and the deprivation of liberty (Article 5):
What case was the 3 part acid test established in
P v Cheshire West and Cheshire Council (2014)
English Law and the deprivation of liberty (Article 5):
What must ‘deprivation of liberty’ be in accordance to?
Either, government standards, the Court of Protection or the Mental Health Act 1983.
English law and privacy and communications (Article 8):
What did Parliament do following criticisms on the restrictions of Article 8
Passed provisions to protect and restrict this right
English law and privacy and communications (Article 8):
Give an example in criminal law of a provision passed by Parliament for this right
The Police and Criminal Evidence Act 1984 (PACE 84)
English law and privacy and communications (Article 8):
Restrictions of right to privacy of the Police and Criminal Evidence act 1984 (criminal law example)
Under part II of PACE 84, the police are given powers to:
- Enter premises
- Search premises
- Sieze items at premises
English law and privacy and communications (Article 8):
Protections of right to privacy of the Police and Criminal Evidence act 1984 (criminal law example)
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
English law and privacy and communications (Article 8):
Give an example in civil law of a provision passed by Parliament for this right
The investigatory Powers Act 2016 (IPA 16)
English law and privacy and communications (Article 8):
Restrictions of right to privacy by the Investigatory Powers Act 2016 (civil law)
Part II of IPA 16 gives british security services power to:
- intercept items sent by post
- intercept electronic communications
English law and privacy and communications (Article 8):
Protection of right to privacy under Investigatory Powers Act 2016 (civil law)
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
English law and privacy and communications (Article 8):
Criminal case example of violation of right to privacy
S and Marper v United Kingdom (2008)
English law and privacy and communications (Article 8):
Facts of S and Marper v United Kingdom (2008)
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
English law and privacy and communications (Article 8):
Held in S and Marper v United Kingdom (2008)
ECHR found that the state had violated Article 8, the right to respect privacy, and granted both C compensation
English law and expression, assembly and association
Name a restriction of the freedom of expression under Article 10(2)
Racial and Religious Hatred Act 2006 creates an offence of using words, behaviours or written material to create racial hatred
English law and expression, assembly and association
Name a restriction to the freedom of assembly and association under Article 11(2)
The Criminal Justice Public Order Act of 1994 created an offence of tresspass into the criminal law called ‘aggravated tresspass’
