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Law: Y1 > Constitutional Law > Flashcards

Constitutional Law Flashcards

1
Q

S1 PACE

A

Gives the grounds (reasonable suspicion of stolen/prohibited articles)

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2
Q

S2 PACE

A

Gives the extent and notification requirements

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3
Q

S3 PACE

A

gives recording requirements

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4
Q

CODE A

A

states reasonable suspicion can’t be base on personal factors

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5
Q

S24 PACE + S24(5)

A

Arrest powers, must be on reasonable grounds and must be necessary

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6
Q

S28 PACE

A

Must be told fact of and grounds for arrest

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7
Q

Castorina Test

A

must be some objective basis for suspicion

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8
Q

S17 PACE

A

Search power

To make arrest

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9
Q

S32 PACE

A

Search power

premises in at or immediately before arrest

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10
Q

S18 PACE

A

Search power

premises occupied / controlled (need authorisation from inspector)

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11
Q

S19 PACE

A

Search power

Can seize any items discovered during the search that contain any evidence of any offence

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12
Q

CODE B

A

consideration for other residents when searching

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13
Q

Who is responsible for giving rights?

A

The custody officer

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14
Q

S56 PACE

A

detention and questioning

right to have someone notified of arrest (can be delayed by 36 hours if could interfere with investigation

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15
Q

S58 PACE

A

detention and questioning

right to free legal advice, same powers of delay as s56

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16
Q

S60 PACE

A

All interviews are tape recorded under caution

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17
Q

S34 CJPOA

A

inferences can be drawn from no comment if conditions in ARGENT are met

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18
Q

Code C para 11.5

A

can’t indicate what police will do if detainee answers/doesnt answer specific provisions for under 18 detainees - must have appropriate adult present

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19
Q

What articles could be negated by misuse of police powers?

A

Article 8 - right to respect for private family life

Article 5 - right to liberty and security

Article 6 - right to a fair trial

Article 3 Right to not be subject to inhumane/degrading treatment

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20
Q

PACE S76

A

Mandatory exclusion of evidence if obtained by oppression

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21
Q

PACE S78

A

Discretionary exclusion of any evidence if in all the circumstances including those in which it was obtained’ it would be unfair

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22
Q

What must you first consider with PACE S78?

A

consider reliability of evidence first

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23
Q

Two stages of judicial review

A

1) Permission Stage

2) Finding the Grounds

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24
Q

Permission for judicial review

- The decision maker

A

is it made by public body OR a private body exercising public functions? eg Datafin

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25
Q

Permission for judicial review

-The applicant

A

Applicant must be someone affected by decision (ie victim in Hillsborough)
OR
another who is bringing challenge for
OR
an org that satisfies Wordl Development Movement criteria

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26
Q

Permission for judicial review

-Timing

A

Must be prompt - within 3 months of decision complained (CPR54)

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27
Q

World Development Criteria

A
  • Represents significant number of persons with standing
  • has the resources to mount a challenge
  • public interest
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28
Q

Hm Treasury v Ahmed and others

A

Grounds for judicial review

-Ultra vires –> not a decision at all

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29
Q

Barnard v National Dock Labour Board/ Carltona

A

Grounds for judicial review

-Unlawful delegation

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30
Q

Venables

A

Grounds for judicial review
-Relevant/irrelevant considerations

-Error of law

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31
Q

Wheeler v Leicester City Council/Padfield

A

Grounds for judicial review

-Improper purpose

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32
Q

British Oxygen/ Luton Council

A

Grounds for judicial review

-Fettering discretion

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33
Q

Wednesbury:

A

The GROUNDS for judicial review: Irrationality of previous decision

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34
Q

The GROUNDS for judicial review: human rights

A

key concept is poportionality

35
Q

Porter v Magill

A

The GROUNDS for judicial review: procedural

Bias

36
Q

Natural justice

A

The GROUNDS for judicial review: procedural

37
Q

Ridge v Baldwin/ ARTICLE 6

A

The GROUNDS for judicial review: procedural

Fair Hearing

38
Q

Doody

A

The GROUNDS for judicial review: procedural

Reasons

39
Q

Luton Borough Council

A

The GROUNDS for judicial review: procedural

Legitimate Expectations

40
Q

Remedy for HRA Judicial review claim (ordinary)

A

Injunctions/damages

41
Q

Prerogative remedies for judicial review

A

QUASHING (as if it never happened

PROHIBITIVE (to stop if from happening)

MANDATORY (to make something happen)

42
Q

Powers exercisable with a warrant

A

require permission from a court generally magistrates

43
Q

Discretionary Power

A

Available to the individual police officer (sometimes subject to supervision by a superior) WITHOUT prior authorisation from a court

44
Q

Statutory powers

A

Parliament delegates powers to police officers in various statutes

45
Q

codes of practice

A

DELEGATED (secondary) legislation that provides detail about HOW power should be exercised

46
Q

Rice v Connolly [1966] 2 All ER 649

A

No general duty to help the police

47
Q

S.29 PACE

A

no power to detain for questioning short of arrest

48
Q

What percentage of stop and searches were unlawful?

A

27%

49
Q

Christie v Leachinskey [1947] 1 All ER 567

A

Must be informed of the fact of arrest and grounds, failure to do so makes the arrest unlawful

50
Q

Buckley v Chief Officer of the Thames Valley Police [2009] EWCA Civ 356

A

“Suspicion is a state of mind well short of belief and even further short of a belief in guilt or that guilt can be proved.”

51
Q

S.117 PACE

A

Police officer may use reasonable force when carrying out their duties

52
Q

Remedies for misuse of power

A
  • Informal complaint
  • Civil action
  • Defence to specific criminal charges
  • Human rights
  • Exclusion of evidence
53
Q

The role of the custody officer

A
  • Authorise detention

- Responsible for conditions of detention

54
Q

Time limit for detention

A

24 hours PACE s41
+12 Authorised by superintendent s42
+further 60 by warrant of further detention s43/44

55
Q

Review of detention

A

By inspector after 6 hours, then every 9 hours s.40

56
Q

Condron v UK (2001) EHRR 31)

A

Reliance on legal advice will not prevent adverse inference

57
Q

Vulnerable detainee

A

Custody sergeant must secure medical attention if needed

must have appropriate adult to accompany a minor or vulnerable adult

58
Q

R v Paris (Anthony) (1993) 97 Cr. App. R. 99

A

Oppression to gain confession will be disregarded

59
Q

R v Khan [1997]AC 558

A

Illegal surveillance

60
Q

R v Chalkley [1997] EWCA Crim 3416

A

Illegal recording

61
Q

A-G’s Reference (No. 3 of 1999) [2000] UKHL 63

A

Illegally retained DNA

62
Q

Plunkett [2013] EWCA Crim 261

A

“Noble cause corruption”

63
Q

R v Howe (2013), Newcastle Crown Court unreported

A

Ends can justify the means

64
Q

R (Conway) v Secretary of State for Justice [2018] EWCA Civ 143 at 179:

A

The purpose of admin law

Balancing politics & the constitution with requirements of the rule of law:

65
Q

W (Children) [2010] UKSC 12

A

the hardest cases to decide come in the arena of balancing different rights…

66
Q

R (on the application of Luton Borough Council) v Secretary of State for Education [2011] EWHC 217 (Admin)

A

sometimes unfairness must be rectified, regardless of the politics of a decision.

67
Q

HM Treasury v Ahmed and others [2010] UKSC

A

the ‘principle of legality’ is crucial…

68
Q

R (Hurley & Moore) v Secretary of State for Business, Innovation and Skills [2012] EWHC 201 (Admin)

A

‘administrative chaos’ is something the courts are very wary of…

69
Q

R v Parliamentary Commissioner for Administration, ex parte Dyer (1994).

A

Traditionally, matters of public high policy are determined by the executive and not the courts

70
Q

Council for Civil Service Unions v Minister for the Civil Service (1985) (GCHQ).

A

Courts will be cautious in examining exercises of the royal prerogative in particular national security

71
Q

R v Secretary of State for Foreign and Commonwealth Affairs, ex parte Rees-Mogg (1994).

A

the courts will not consider whether the executive’s prerogative of treaty-making has been exercised unlawfully

72
Q

R (Miller) v Secretary of State for Exiting the European Union [2017] UKSC 5

A

Can challenge the prerogative

73
Q

Dimes v Grand Junction Canal Co (1852) 3 HL Cas 759

A

The mere existence of any financial interest in the decision will constitute unlawful bias.

Held shares in the company he was ruling on

74
Q

Test for bias

A

‘the fair-minded and informed observer, having considered the facts [relating to an allegation of bias], would conclude that there was a real possibility that the tribunal was biased’”

75
Q

R v North and East Devon Health Authority, ex p. Coughlan [2001] QB 213

A

Consultation must be carried out properly if started

76
Q

RIPA s.26

A

applies to directed/covert/intrusive and human intelligence

77
Q

Directed surveillance

A

covert but not intrusive

78
Q

Intrusive surveillance

A

In any private premises/vehicle either by human or device

79
Q

covert human intelligence

A

source creates a relationship for a purpose the other party is unaware of to facilitate conduct and/or obtain information

80
Q

RIPA S.65

A

Investigatory Powers Tribunal

Closed material proceedings
No duty to give reasons
No right of appeal

81
Q

R v Loosely [2001] UKHL 53

A

The role of the courts is to consider whether the conduct of an undercover officer did more than offer an opportunity to break the law

82
Q

Osman v Southwark Crown Court [1999] COD 446

A

s2 PACE does apply to searches under s60 of the Criminal Justice and Public Order Act 1994

83
Q

R (on the application of Roberts) v Commissioner of Police for the Metropolis [2014] EWCA Civ 69

A

Court of Appeal found that a search under s60 Criminal Justice and Public Order Act did not infringe the claimant’s convention rights

84
Q

s60 of the Criminal Justice and Public Order Act.

A

If a senior officer believes an area is under risk of serious violent crime they ca authorise random stop and search

Law: Y1 (6 decks)

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