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Police Flashcard > Human Rights > Flashcards

Human Rights Flashcards

1
Q

What is Article 2

A

Right to Life

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2
Q

What is Article 3

A

Prohibition to Torture

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3
Q

What is Article 4

A

Prohibition of Slavery and Forced Labour

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4
Q

What is Article 5

A

Right to Liberty and Security

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5
Q

What is Article 6

A

Right to a Fair Trial

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6
Q

What is Article 7

A

No Punishment without Law

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7
Q

What is Article 8

A

Right for Respect for Private Life

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8
Q

What is Article 9

A

Freedom of thought conscience and religion

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9
Q

What is Article 10

A

Freedom of Expression

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10
Q

What is Article 11

A

Freedom of assembly and association

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11
Q

What is Article 12

A

Prohibition of discrimination

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12
Q

What year was Human Rights Act

A

1998

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13
Q

What is a Public Authority

A

A court of tribunal and any person carrying out certain functions of a public nature

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14
Q
  1. Explain the History of The Human Rights Act?
A
  • European Courts of Human Rights was drafted 1948
  • Adopted by UK 1950 but not written into domestic law
  • 1966 recognised UK law did not always meet the requirements of ECHR and defendents were allowed to take their case to ECHR and with increasing frequency decisions of UK courts had been found wanting in the area of human rights
  • 1998 Human Rights Act came about, adopted by the UK in 2000
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15
Q
  1. What is Public Authority?
A

A Court or Tribunal and any person carrying out certain functions of a public nature

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16
Q
  1. State the 6 provisions within The Human Rights Act?
A

Section 2:- Courts to take account of decisions of the ECHR

Section 3:- UK Legislation must be compatible with Convention Rights

Section 4:- High Court to make a declaration of non-compatibility

Section 6:- Unlawful for a Public Authority to act in a way incompatible with a Convention Right

Section: 7:- Provides for an aggrieved party to take proceedings

Section 8:- Court can grant remedy or relief

17
Q
  1. What does the Act state an Officer must do?
A

An officer has a duty of care, a positive obligation to act, as an officer you cannot just walk on by. You must do something

18
Q
  1. Name the 4 Absolute Rights within the Human Rights Act?
A

Article 2:- Right to Life

Article 3:- Prohibition of torture

Article 4 :- Prohibition of slavery and forced labour

Article 7:- No punishment without law

19
Q

n relation to the 1st Protocol what is it and what do police break in relation to this protocol?

A

The right to peaceful enjoyment of one’s possessions. Police break this protocol every time they seize property

20
Q
  1. Give two examples of where the police treat people in accordance with The Human Rights Act?
A

PACE 1984 as it gives persons in detention protection

The Necessity Test S24 PACE power to arrest. Officers now how to prove it was necessary to arrest after considering all options to deal with a suspect.

Police Flashcard (19 decks)

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