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Law - Human Rights > Article 5 > Flashcards

Article 5 Flashcards

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1
Q

What does a Qualified right mean?

A

It is a right when under certain circumstances can be interfered with.

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2
Q

When can a qualified right be interfered with?

A

In situation slike the prevention of crime, conviction, national security or mental health.

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3
Q

What makes an interference with a qualified right lawful?

A

The interference needs to be based on a law (I.E the PACE Act) which is free and accessible to everyone affected.

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4
Q

What should the interference be done for?

A

It should be to achieve a legitimate aim. (like preventing crime)

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5
Q

How must the interference be implemented?

A

In a proportionate way such as trying to be reasonably quick, like when using the power of stop and search.

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6
Q

When is it considered a deprivation of liberty?

A

If the claiment is under continuous supervision and isn’t free to leave

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7
Q

What case defines the deprivation of liberty

A

Chester

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8
Q

(Tailering to the question) (TQ) - What law and code covers the power to stop and search?

A

s.1 PACE and Code A

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9
Q

TQ - Stop and Search
when can a stop and search only take place?

A

If the police have reasonable suspicion of the person who might have stolen items or offensive weapons.

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10
Q

TQ - S&S
What must the police do before conducting a S&S?

A

The police must identify themselves, give or show their number.

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11
Q

TQ - S&S
What are the only items of clothing the police can ask you to remove in a S&S in the public?

A

The jacket, outer coat and gloves.

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12
Q

TQ - S&S
What cannot be the reasons to conduct the search?

A

Because of the claiments: Disabilty, race, identifiers (gang symbols or tattoos), or if the claiment has previous convictions or if the police know of them (like the sibling of a criminal)

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13
Q

Whta does CJPOA stand for?

A

Criminal Justice and Police orders Act

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14
Q

What does s.60 of CJPOA grant?

A

An extension of the powers to stop and search for a certain amount of time and in certain areas. It gives the police extended power in anticipation of violence.

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15
Q

Who must authorise a s.60?

A

A senior officer

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16
Q

Under a s.60 what do the police no longer need to conduct a stop and search?

A

Reasonable suspicion about the person they stop.

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17
Q

What can the police ask for the removal of under a s.60?

A

Any face coverings which hide the persons face, even if they are religious.

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18
Q

When can the police conduct a S&S in relation to terrorism?

A

If the police have reasonable suspicion of terrorist activities as stated in the Terrorism Act 2000

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19
Q

What is Kettling?

A

It is when the police crowd people into a designated area, and keep them there to ensure there is no violence taking place.

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20
Q

What is a key case used for describing kettling?

A

Austin

21
Q

With kettling what does this key case outline?

A

Austin outlines the fact that the kettling can last as long as is necessary. It also says that there is no backlash if innocent people are swept up into it.

22
Q

When is Kettling normally used?

A

It is used in times of protest or riot

23
Q

When can the police use force?

A

Only if it is necessary

24
Q

There is a point about photos, but ask Sharon to recap this point

A
25
Q

Can police take pictures of someone without their consent?

A

Yes

26
Q

Can the police force you to pose for the picture?

A

The police can take photos publicly but they cannot pull the person aside and force them to pose for a picture.

27
Q

What is the key case to do with the police forcefully taking your photo

A

Mengesha

28
Q

TQ - Arrest
What test needs to be met in order for the police to arrest you?

A

Necessity test

29
Q

TQ - Arrest
What is the necessity test?

A

The police must consider whether the arrest will prevent harm or prevent the suspect from disappearing

30
Q

TQ - Arrest
What law discusses arrests?

A

s.26 of PACE

31
Q

TQ - Arrest
What does Code G state that police have?

A

Discretion to arrest

32
Q

TQ - Arrest
What must be the cell conditions when you are arrested?

A

Warm, ventilated and well-lit.

33
Q

TQ - Arrest
What are the timings for how long you can be held at the police station?

A

You can be held for 24 hours normally before a senior officer can allow for more time for you to be detained. But there must be good reason for your detention time to be increased.

34
Q

TQ - Arrest
How long can they withhold a phone call or a solicitor? why?

A

36 hours. But they must provide good reason like the destruction of evidence (by people who knew you had been caught)

35
Q

TQ - Police Custody
What code does Code C cover?

A

Searched and questioning in detention at the police station

36
Q

TQ - Police Custody
What can the police perform without consent?

A

Any non-intimate samples (which aren’t taken from inside you, all apart from mouth swabs) and any searches (both non - intimate and intimate (strip search) )

37
Q

TQ - Police Custody
What is an intimate sample test?

A

When the police need DNA evidnce which can only be taken form inside you.

38
Q

TQ - Police Custody
What are the requirements for the police to carry out an intimate test?

A

It needs to be done by a medical professional and with permission, either from the suspect or by a court.

39
Q
A
40
Q

TQ - Mental Health
What does there need to be for there to be a lawful deprivation of A.5?

A

A diagnosed disorder

41
Q

TQ - Mental Health
What needs to happen when the claimant is kept under deprivation?

A

Regular reviews to see if C still needs to be there.

42
Q

TQ - Mental Health
What does there need to be a link between?

A

Condition and institution

43
Q

TQ - Mental Health
What does the link between condition and institution mean?

A

That C must be sent somewhere which can care for C’s needs. For instance, if C has PTSD c needs to be sent somewhere which can deal with PTSD

44
Q

TQ - Mental Health
What type of environment does there need to be for C while deprived?

A

A therapeutic environment. This is where the claimant can be looked after and have their needs cared for.

45
Q

TQ - Mental Health
How long are you forced to stay in a mental institute? Why?

A

72 hours. To ensure that the person is safe to let back into society, so that they are not a danger to others or themselves.

46
Q

TQ - Mental Health
Does the time you are forced to stay in a mental hospital change of you handed yourself in or the police did?

A

No

47
Q

TQ - Mental Health
What is lawful with the deprivation of liberty in this context?

A

A cautious release

48
Q
A

Law - Human Rights (13 decks)

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