Public

Question 1

HRA Article 2

Answer 1

Right to life

Limitations: lethal use of force no more than absolutely necessary for

1) defence of any person from unlawful violence

2) lawful arrest/prevent escape of lawfully detained

3) lawfully for quelling riot/insurrection

No death penalty

Secondary obligation to investigate iff state involved

Question 2

HRA Article 3

Answer 2

Prohibition of torture/inhuman or degrading treatment or punishment

Absolute, no limitations

Positive obligation to prevent torture ie deportation

Question 3

HRA Article 5(1)

Answer 3

Deprivation of liberty

Not restriction (ie kettling ok)

Limitations:
1. Prescribed by law
2. Limitations ie reasonable suspicion of offence/to prevent or to prevent fleeting after

short detention outside criminal proceedings to prevent specific offence ok

Question 4

Article 5(2)

Answer 4

Right to be informed promptly of reasons for arrest

Question 5

Article 5(3)

Answer 5

Brought promptly before judge

Question 6

HRA Article 6

Answer 6

Right to a fair trial

includes access to justice through legal advice/representation, impartiality of courts

presumption of innocence, right to silence/non-incrimination

Positive obligation - ie deportation

Question 7

HRA Article 8

Answer 7

Right to private and family life, home and correspondence

Qualified right: can limit re: accordance with the law, pursuit of a legitimate aim (ie prevention of crime) + proportionate way

Personal dignity, sexuality, searches of person, marriage rights, state surveillance, marriage, immigration, abortion

Question 8

HRA Article 10

Answer 8

Right to freedom of expression

Qualified: legitimate aim ie national security, crime prevention, health/morals, reputation/rights of others, racism, blasphemy etc

can be restrained before occurs ie injunction, include some right to information access

Question 9

HRA - Indirect horizontal effect

Answer 9

Courts and tribunal = public authorities so must make decisions compatible with Convention even if both parties private individuals

but need pre-existing cause of action to pull out convention right ie can sue under misuse of private information then cite reasonable expectation of privacy (Article 8) + court undertakes balancing exercise