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Public Law > Police Powers & Qualified Rights > Flashcards

Police Powers & Qualified Rights Flashcards

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1
Q

Respect for Home and Private Life

A

Article 8 ECHR

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2
Q

Search warrant grounds

A

S8 PACE

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3
Q

What are the search warrant grounds?

A
  • indictable offence
  • material on the premises which is likely to be of substantial value to the investigation
  • not practicable to communicate with any person to grant entry
  • entry to the premises will not be granted
  • purpose of a search may be frustrated or prejudiced unless immediate entry is given
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5
Q

Power to enter and search premises, usually for the purpose of arrest

To effect an arrest

A

S17 PACE

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6
Q

What are the provisions of O’Loughlin?

A
  1. To recapture a person ‘unlawfully at large’ who they’re pursuing (must have reasonable grounds to believe they’re on the premises)
  2. To save life or limb or prevent serious damage to property
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7
Q

Purpose for entering has to be for arrest and nothing else. There is no power to question someone

A

O’Loughlin v Chief Constable of Essex

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8
Q

Entry and search after arrest

A

S18 PACE

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9
Q

Provisions of S.32 PACE?

A
  1. Any premises the arrested person was in when arrested or immediately before he was arrested
  2. For evidence relating to the indictable offence
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10
Q

Seizure and retention

A

S19 PACE

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11
Q

Provisions of S19 PACE?

A

Seizure & retention acceptable if there are reasonable grounds for believing any item

a) has been obtained in consequence of the commission of an offence
b) is evidence in relation to an offence which he is investigating or any other offence

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12
Q

The right to protest

A

Article 10 & Article 11

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13
Q

What is Article 10 ECHR

A

Everyone has the right to freedom of expression

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14
Q

What is Article 11 ECHR

A

Everyone has the right to freedom of peaceful assembly

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15
Q

What is a qualified right?

A

They’re rights which are able to be interferes with if

  1. Prescribed by law
  2. Legitimate aim
  3. Proportionate
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16
Q

Prescribed by law?

A

Lawful interference under UK law, i.e statute and common law

Must be clear and accessible

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17
Q

Legitimate aim?

A
  • National security
  • Public safety
  • Prevention of disorder and crime
  • Protection of health and morals
  • Protection of rights and freedoms of others
18
Q

Proportionate?

A

Must not go any further than necessary to achieve aim

19
Q

What is a procession?

A

“A body of persons moving along a route”

i.e A demonstration on a public street

20
Q

Notice of a procession?

A

S11 Public Order Act 1986

21
Q

Provisions of s11 POA

A
  1. Must give notice if practicable
  2. 6 clear day notice - not including day the notice is given or day of procession
  3. Must include day, time, route ad names and addresses of organisers
  4. If notice is not given, organisers will be guilty of a criminal offence
22
Q

Conditions for processions

A

S12 Public Order Act 1986

23
Q

Provisions for s12 POA

A
  1. Can be set on the day of an event or while an event is taking place
  2. Must be reasonable conditions (if not, there can be grounds for judicial review)

Senior police officer reasonably believes that

a) it may result in serious public disorder, damage to property or distribution to community
b) purpose of the persons organising it is the intimidation of others with a view to compelling them not to do an act they have a right to do

24
Q

Banning of a procession

A

S13 Public Order Act 1986

25
Q

Provisions for s13 POA

A

Only used if a chief constable or commissioner believes that imposing conditions will not prevent a procession from resulting in serious public disorder

26
Q

What is an assembly?

A

An assembly of 2 or more people in a public place which is entirely or partly open to the air

S16 POA

27
Q

Conditions for Assembly

A

Under s14 Public Order Act

28
Q

Provisions for s14 POA

A

Senior police officer reasonably believes that

a) it may result in serious public disorder, damage to property or distribution to community
b) purpose of the persons organising it is the intimidation of others with a view to compelling them not to do an act they have a right to do

29
Q

What are the provisions of S18 PACE?

A
  1. The premises must be occupied or controlled by a person who is under arrest for an indictable offence
  2. Reasonable grounds for suspecting there is evidence on premises of that or another offence which is connected or similar
  3. Has to be authorised by a police officer at least inspector rank
30
Q

Trespassory Assemblies

A

S14A Public Order Act

31
Q

Provisions for s14A POA

A
  1. Can only be banned for 4 days within a 5mile radius
  2. An assembly of 20 or more people
  3. On land in the open air to which the public has no right of access or only limited right
  4. Taking place without the permission of the occupier if the land or exceeding the limits of the occupier’s permission

Chief officer must reasonably believe the assembly may result
A) in serious disruption to life of community
B) where the land or building is of historical importance in significant damage to the land he

32
Q

Conditions points for an assembly

A
  1. The place where it may be held
  2. Maximum duration.
  3. Maximum people

Public Law (13 decks)

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