Human Rights and statutory responsibility

Question 1

What year was the Human Rights Act (HRA) originally published?

Answer 1

1998

Question 2

What does the HRA set out?

Answer 2

The fundamental rights and freedoms that everyone in the UK is entitled to.

The Act sets out your human rights in a series of ‘Articles’. Each Article deals with a different right.

Question 3

State the 3 ways a right can be considered

Answer 3

Absolute
Limited
Qualified

Question 4

Can these rights be restricted in any way?

Answer 4

Absolute rights – cannot be restricted by the interests of the community as a whole

Limited rights – don’t apply in all circumstances, e.g. article 5, does not apply if the detention is lawful, such as after an arrest. However, although liberty is limited, they still have the right to security.

Qualified rights – interference by a public authority is permissible if in public interest and can be qualified. Must have a legal, legitimate aim and be proportionate to the aims being pursued.

Question 5

What does PACE do and how does it interact with HRA?

Answer 5

Police and Criminal Evidence Act 1984 (PACE) was established to regulate police power
• It unifies and gives clarity to police powers under one code of practice
• It carefully balances the rights of the individual against the powers of the police

Question 6

What are the 5 Human Rights principles to think about before arresting someone?

Answer 6

PLANE
Proportionality
Legal
Accountable
Necessary (legitimate aim)
Ethical