Police Powers and Human Rights Flashcards
What is the primary legislation governing police powers in the UK?
A: The Police and Criminal Evidence Act 1984 (PACE).
What is the significance of the Human Rights Act 1998 for policing?
It incorporates the European Convention on Human Rights into UK law, requiring police to respect and protect human rights.
Which Article of the European Convention on Human Rights protects the right to liberty and security?
Article 5.
Describe the “necessity test” for lawful arrest under PACE.
An arrest must be necessary for a legitimate reason, such as preventing harm or ensuring an effective investigation.
What are police officers required to provide when conducting a stop and search?
Identification, reason for the search, and a record of the search.
How does Article 8 of the Human Rights Act relate to police powers?
It protects the right to respect for private and family life, limiting police interference without justification.
What safeguards does PACE provide for individuals during detention?
Rights to legal advice, humane treatment, and limits on detention duration without charge.
What is proportionality in the context of police use of force?
Using only the level of force necessary to achieve a lawful objective.
Explain the concept of “reasonable grounds” in police decision-making.
An objective basis for suspicion or action, based on facts or information available.
Why is training on human rights essential for police officers?
To ensure they understand and uphold legal obligations, protecting individuals’ rights while enforcing the law.
