The Nature Of Law And Human Rights 🌍 Flashcards
1
Q
What are the two kinds of Human Rights ?
A
European Convention on human rights
UN rights
2
Q
What are the European Convention on human rights protected under?
A
Human rights act 
3
Q
What are the five examples of European Convention on human rights?
A
Right to liberty and security - Freedom - C
Right to assembly - Q
Right to a fair trial - C
Expression -qualified - restricted 🚫
private life -qualified
4
Q
what is the meaning of Fundamental?
A
Rights Can never be restricted 🚫 
5
Q
Give an example of an UN right
A
Health care 
6
Q
What are the two types of human law ? 
A
Core - hard to restrict
qualified- Restrictions
7
Q
What goes against the right of expression?
A
Harassment
Hate speech
discrimination
8
Q
What are some examples of something going against the rights of a private life?
A
Defamation
9
Q
What do judges do in human rights?
A
Interpret laws
10
Q
What does the government do?
A
propose law
11
Q
What do the House of Lords and the House of Commons do?
A
Make the law
12
Q
How does the constitution work on the basis on in the UK? Between who? 
A
On the basis of the separation of powers
Between the executive - Government
legislature- HOL and HOC
and judiciary
13
Q
What happened to the UK signed up to an international agreement?
A
Use their own law making methods to adopt theagreement 
14
Q
How have the UK incorporated the European Convention on human rights ?
A
Though The creation of the human rights act 1998
15
Q
What does the human rights act 1988 allow judges to do ?
A
Allows to judges to state that a national piece of law is incompatible With the ECHR and therefore must be adapted in order to still have legal status
16
Q
What does incompatible mean?
A
Does not follow human rights law
17
Q
What are the three cases under the impact of you conventions of human rights ?
A
Hirst v UK 🇬🇧
Wainwright v UK
A v SS for home department
18
Q
What is Defamation ? What are we wanting ?
A
Tort - compensation or injunction
19
Q
Where does defamation come from?
A
Defamation act 2013
20
Q
What are three things needed to prove defamation?
A
- Defamatory statement 
- Statement Must identify the person
- Must be published
21
Q
What is stage one of Defamation? 
what is a Defamatory statement?
What must it cause ?
A
Defamatory statement - 
Parmiter V Coupland - “Calculated to interfere with rep of another, by exposing them to hatred , ridicule or Contempt “
Must cause you serious harm
22
Q
What case tells us what to we need to consider in stage one?
A
Lachaux V Independent print
Scale of publication
Evidence
Gravity of statement - how serious is the is the harm
Eurecro fuels V Szczecin- Includes financial loss
23
Q
What is the second page of defamation?
What is this enough for?
A
Statement Must identify the person - enough that the reasonable person can tell who it is 
24
Q
What is the third stage of defamation?
A
Statement must be published -
Websites - (Godfrey V Demon)
Tweets - (Monroe V Hopkins)
Blogs- (Cruddas V Adams ) 
25
What’s are the three Defences to Defamation?
S.2 Truth- Main substance of article is true
S.3 Honest opinion - Opinion that the reasonable person would have
S.4 Statement of public interest- Ecocomou V Defreitas -
key points -
test statement - check validity
Role of the Defendant-
reasonable belief - was in public unrest
Serafin V Malkiewcz - Time, tone , context , seriousness or artical
(Depp V The Sun ☀️ )
26
What kind of law is Breech of confidence ?
Common law - coco V Clarke
27
What is the first stage of breech of confidence ?
Info which has confidence in it -
Data parcel to you
Address medical Tax
28
What is the second stage of breech of confidence ?
D Obliged Keep it confidential - Government , solitaires safe guarding
Copy right info
29
What is the 3rd stage of breech of confidence ? 
Unauthorised use of data - Has to be accessed to it
TLT v SS home - home office - published der atoms of asylum seekers
30
What are the three defences to breach of confidence?
Necessary to safeguard
legal duty to do so
consent - AG v Guardian
31
What case comes from misuse of private info ?
Campbell V MGN - Protect all medical data - always private 
32
What case gives us a two-stage test for the misuse of private info?
Campbell V MGN
33
What is the two-stage test for misuse of private info?
1. Did the claimant have a reasonable expectation of privacy?
Campbell - medical
PJSV News international - Impact on children
Reid V Price - Sexual life in the secret
2. Does the claimants right to meet any privacy out with the public interest?
Jaggard V Darling - Unaware of CCTV
Mosley V News group International - Rights to private sexual life
S + M Outweighs with public interest
Richard V BBC - Raid - not in public interest
Murray V Express- protect the pictures of children not in public interest
34
What case does Trespass to land come from? Quotes ?
Entick V Harrington - “Every invasion of property”
“Wrongful interference with possessory rights”
35
What is the examples of trespass to land?
Crossing boundary
Remaining on land
going beyond what is expected on land
Putting items on land - league against cruel sports v Scott 
Airspace - Kelsen V Imperial Tabacco
Bellow land
36
What must we have for trespass to land ?
Must have Intent to do action - No intent to trespass 
37
What are the four defences for trespass to land ? 
Content
legal right gas electric water
Police PACE
necessity
38
What is Trespass ab initio?
Trespass after initial lawful entry
39
What is the first stage of trespass ab initio?
2 cases ?
Elias v Pasmore - seize evidence - must be linked with warrant
Chic Fashions v Jones - Look for and take anything
40
What act does harassment come from?
Protection of the harassment act 1997 
41
What kind of offence is harassment?
Summary offence - 4 months
42
Where is the Harassment found under? Definition ?
S.2 - A course of conduct which amounts to harassment to the defendant which the D knows or ought to know amount to harassment 
43
What is the first stage of harassment?
S. 7 at least two occasions
How far spread they are -
Pratt V DPP - Challenge within six months
44
What is the second stage of harassment?
Harassment - R v Curtis - Unacceptable oppressive to such leads criminal liability
Haydon V Dickenson-Is harassment persistent or deliberate
targeted at another
calculated to cause alarm for fear or distress can include
others impacted
Majroeski V Guy NHS - Can include work
45
What is the MR Of harassment?
DefendantMust to know that behaviour is harassment or ought to be- With a reasonable man believe
46
What are the defences to harassment?
Purpose of preventing or detecting a crime
Law that allows it
conduct is reasonable
47
What section and what year was malicious communication set in?
Section 1 1988
48
What is the two things needed for malicious communications? Under S.1
Send letters or other communications with intent to cause distress or anxiety
Must have a Message which be indecent and be grossly offensive
49
What is the mens rea of malicious communications?
Intent to cause distress or anxiety to those receiving (targeted)
50
What section is the second type of malicious communication?
Section 127 MCA 2003- A person sends electrical communications
Grossly offensive or indecent menacing characteristics
Caused any such message to be sent (not targeted) - anyone reading feel offended
DPP v Kingsley Smith- covers reposting of a message
Chabloz V CPS -
posting things on own YouTube channel
DPP v Collins - wouldThe reasonable person see it as grossly offensive
DPP v Bussetti - not Enough for it to be for bad or shockingly gross
DPP v Chambers - Bad joke - bomb airport
51
What is the mens rea of malicious communications under S.127?
Defendant intended his message to be grossly offensive - aware it might be
52
What is malicious communications for?
Summary offences 
53
What is obscene publications under?
OPA 1959/1964
54
What is obscene publications?
When an article is published which is obscene
55
Go through the first stage of obscene publications
what is an article?
Section?
S.1
Anything that can convey a message includes sound and picture 
56
 Go through the first stage of obscene publications
what is something that is published ?
Case?
Section ?
S.1 Distributed or circulated , Sold, hired projected
R v Gavin Smith - Can only be one person
57
Go through the first stage of obscene publications
what is obscene?
What is the MR ?
3 cases ?
Seen to deprave or corrupt morality- morally rotten or unsound
Reasonable person sees it as morally wrong
MR - intent to publish
R v Penguin books
R v Peacock 🦚 - nature of society hard-core gay BDSM - not enough
Handy side V uk 🇬🇧 - book recommended porn enough
58
What are the defences to Obscene publications ? Under what section? 
S.2 Public good - providing and Interest in science , literature , arts , learning
judged by reasonable person
D had not examined the article
had no cause to suspect it was obscene
59
What is the first section of the online safety act of 2023 ?
1. S.179 - Offences of sending false communications
Send a message
False
at the time of sending person intended to cause
non-trivial (Not have to be extreme)
psychological
or physical harm
60
What are the defences to the online safety act 2023?
Person has no reasonable excuse
Summary offence- harm no need to succeed ( happen)
61
What is the second section under the online safety act ?
What are the three things needed to happen? 
S.181 - Sending threatening communication
Person sent a message- any communication
Conveys threat of death or serious harm - included financial
At time of sending the person encountering the message fears the threat will be carried out
62
What is the MR under section 181 under the online safety act 2023?
You intentionally or recklessly cause them to fear 
63
What is a public order under?
Public order act
64
What is under section 1 of the public order act?
What kind of offence is it and how long? 
S.1 riot
indictable offence - 10 years imprisonment
65
What is the actus reus of S.1 riot within the Public order act?
Twelve or more individuals - must be present together
Use or threaten unlawful violence -
( R v Roberts)
(R v Birley)
Would it cause a person of reasonable firmness present at the scene to fear for their safety
( R v Sanchez) -Hypothetical bystander would they fear for their safety
Can charge 1 or 12 
66
What is the MR of section 1 riot under the public order act ?
Intend to use violence
or awareness conduct may be violent 
67
What is the section 2 under the public order act?
Violent disorder

68
What is the section 2 under the public order act?
Violent disorder
Under the actus reus
three or more people can charge one -
R v Mahroof
Same - Use or threaten unlawful violence 
Same -
Would cause a person of reasonable firmness present at the scene to pay for their safety -
( R v Sanchez) - Hypothetical bystander
MR - same - intent the use of violence awareness that conduct may be violent 
69
What is the actus reus and mens rea of S.2 violent disorder under the public order act
actus reus
three or more people can charge one -
R v Mahroof
Same - Use or threaten unlawful violence
Same -
Would cause a person of reasonable firmness present at the scene to pay for their safety -
( R v Sanchez) - Hypothetical bystander
MR - same - intent the use of violence awareness that conduct may be violent
70
What is after S.2 violent disorder under the public order act?
S.3 Affray
71
What is the actus reus and mens rea of s.3 Affray Under the public order act?
Actus reus
1. Can be one person
2. same use or threat unlawful violence
DPP v I - Must still be a victim
3. Same - person of resonable firmness present at scene - fear safety - Hypothetical bystander - ( R v Sanchez )
DPP v Leeson- Must impact Bystander
72
What is after section 3 Affray Under the public order act?
S.4 causing fear and provoking violence
73
What is the actus reus and mens rea under s.4 of the public orders act ?
AR -
Use or display and distribute threatening abusive or insulting words or disorderly behaviour
DPP v Clarke
MR -In order to provoke Immediate unlawful violence
or intend to apprehend immediate unlawful violence
74
What is after S.4 under a public order act?
S.4 a - Causing intentional of harassment alarm or distress
75
What is the actus reus and mens rea of s.4 a ?
1. Same - Use of threatening abusive or insulting words or disorderly behaviour
Also displays
2. causes another person harassment alarm or distress
mens rea
To intend To cause another person harassment alarm or distress
DPP v Chambers - Causing a disturbance
Shouting nonsense persistently
persistently rowdy behaviour
76
What is after s.4a under the public order act
S.5 Harassment alarm and distress
use of threatening or abusive behaviour/words or displays anything abusive or threatening 
Likely to cause harassment alarm or distress
Mens rea -
intent to be abusive or believe they may be
77
What are the defences for s.4 s.4a and s.5 under the public order act 
believe no one would hear 👂
Inside of a dwelling - no one would see 👀
Conduct reasonable
78
What is third part of for a public order?
First section ?
S.11
organisers of an assembly must notify police/ authorities failure to do so is a criminal offence
Key details to be agreed
79
What is the second part of public order part three? 
S.12 + S.14 police can impose conditions on your protest 
Size
location
duration
time of day
access
Props
If a reasonably believed
that there is serious public disorder
serious damage
serious disruption to life of community purpose for intimidation
Brehony V MET
Jones + ores V MET -Condition last for individual protest
80
What is the third thing on the public order part three?
S.13 - ban an assembly/Protest 
Reasonably believe conditions will not be enough to keep people reasonably safe
Jones v MET - Daily 
81
What is breach of the peace under? Cases ? 
R v Hinklin - Can carry on the rest if you need on imminent breach of peace will occur
Eiseman Reynard v UK 🇬🇧- preventative arrest

82
What is first part of part four for the new public order act 2023? 
How long ? MR?
1. Locking on - attaching yourself another to a building object land or another persons
Cause or can cause serious disruption to 2 more people or to organisation in a public place
Six months if guilty- Can be guilty for being equipped for locking on intent to do so
83
What is the second part we can cause serious disruption Under the new public order act 2023?
Can cause a serious disruption by tunnelling
Create a or are present in a tunnel
Where you can cause serious disruption to 2 or more people
MR - Intent to be reckless as to creating or being in a tunnel
And equipped 
84
What is the 3rd thing after tunnelling under part four of the new Public order act 2023?
Interfere ?
Intent?
Months ?
Obstructing major transport
- obstruct individuals from constructing or maintaining transport networks
Interfere with more apparatus
Interfering with key national infrastructure
Intents of being reckless
- 12 months
85
What are the two at the parliament under investigatory powers?
What do they allow ?
Regulator of investigatory powers act 2000 investigator powers act 2016 - applies for local councils , security services and police -
Allows authorities to investigate people 

86
What do the regulator of investigatory powers act 2000 and investigator power act 2016 give the right to do? - Investigatory powers
Case?
Rights - carry out surveillance
physically follow
track and individuals device PC phone gaming Internet
interfere with devices
undercover officers
intercept phone calls
data stored for 12 months- only if Secretary of State has requested a person has committed for suspected of a serious crime
Data regulations and retention acquisition act 2018
Liberty 🗽 V UK 🇬🇧
87
What is the interpret data stored for 12 months- only if Secretary of State has requested a person has committed for suspected of a serious crime being allowed under ? -Investigatory powers
Data protection + retention regulations 2018
88
What do you do if you think you’ve been hacked under the investigatory powers?
Take issue to be investigatory powers tribunal
claim is submitted in paper
Judge will not hear any live evidence
All is done via paperwork
compensation or injunction
89
What is investigatory powers versus?
GDPR - general data protection regulation
90
What did GDPR replace?
Data protection act
91
What does GDPR have a duty to do?
Duty to protect personal data-
Medical biometric personal data including name bank details
92
What does a breach of GDPR lead to?
Significant fine £100 million
93
What are the two articles on the breach of GDPR?
Article 4 - data should be freely given and transparent
Article 16 - Allows Erasure
94
What can you request under the freedom of information act?
What is state held info ℹ️ ?
Article ?
Any personal data about self
State held info - readily available
Article 8 - protect rights to private life
IPA - goes agains right
95
What sections under stop and search? police powers
S.1 PACE - Allowed stops and search over a person property of veichel - Do this if you have a reasonable suspicion they have offensive article of stolen property
96
What is after s.1 PACE? Police powers
S.1(2) - Public place- finding offensive weapons or drugs
97
What is after s.1 (2) public place? Police powers
S.2(9) - can remove A layer of outer clothing- Coat 🧥 and gloves 🧤

98
What is after s. 2 (9) ? Police powers
S.1(3) Reasonable suspicion
- Code 👩💻 A - circumstances
facts
evidence
and cannot be based on appearance
99
What section is under process?What is told to the suspect? Police powers 
S. 2 - Name Station - purpose of search 🔦
grounds
Search record given to suspect
S can refuse to answer questions - (Rice 🍚 v Connelly )
But must be polite - (Kenlin V Gardener 💐)
Can use reasonable force ( Kenlin)
100
What is the acronym for Code A ? GO WISELY ? - Police 👮♀️ Powers
G rowns
Object
W arrant card
i dentity
s earch record
e ntitlement - Right to see copies
l egal power
y ou are being detained
101
What is after code under process section 2 under police powers
2 section
S.60 CJPOA - Allows senior offices to authorise indiscriminate searches for location or time
S.44 Terrorism act - indiscriminate touches for suspected terrorism -
Guillon V Quinton UK 🇬🇧- reasonable grounds
102
What is after section 2 process under the police powers?
Arrest
103
What is under arrest under police powers?
2 positive?
Case?
Without a warrant s.24 PACE or serious organised crime act
purpose if person has committed an offence Is about to
reasonable grounds to believe arrest is necessary
Castonia v CC of Surrey - Arresting officer has to believe the suspect is committing
it has to be necessary
104
What is the second thing under arrest?
Code G
105
What is under Code G ?
5 things
One element
Reasonable grounds- must have evidence and circumstance
Necessary - ascertain suspects name address
to prevent physical injury - To protect others or property to protect child 👧 or vunrable
to allow prompt investigation
Prevent obstructing an investigation
106
What case is under procedure? S.28 PACE
Taylor V CC Thames Valley- Inform the person they are being arrested - S.28 PACE 
107
What do police have to do under procedure?
Identify self
explain circumstances
explain why they are under arrest
Why arrest is necessary
not free to leave
give the caution
108
What is the quotes said by police when they arrest someone under Procedure?
“You do not have to say anything
but it may harm your defence
If you do not mention something you later rely on in court
Anything you do say maybe given in evidence”
S. 34 CJPOA 
109
What is under S.30 PACE?Under procedure
Take suspect back to the police station as soon as reasonably possible (R v Halliwell)
110
What can police use under Procedure? police powers- Case?
DPP v Wood 🪵- Handcuffs
111
What code is used on the procedure?
Code G - record all info in a pocket book 🗒✏️-
Time of arrest and giving caution
112
What is after procedure?
Arrest with warrant 
113
What is under arrest with warrant
Procedure is the same
S.1 magistrates act 1980- Have to show warrant - if on bail- fail to surrender
Miss court
Suspected of crime
evidence to prove the case
114
What is after arrest with warrant?
Custody
115
What is under custody? - police powers ?
What section is the custody officer under?
Investigatory officer- DNA fingerprints- samples
custody officer - s.36 - PACE
Record personal details
welfare
Check if suspect understands charge
Explain why you’re in custody
cannot be part of investigation
Log charges
takes belonging
see if detention is necessary
lawyers
authorised detention
Read rights
116
What is after custody under police powers?
Your rights
117
What The first code is under your rights?
Code C PACE - Free legal advice
Help with any medical issues
Rest break
food
24 hours in custody -have it checked at six and then every nine hours
96 hours with senior officer/magistrates approval
Meal 🥘 breaks every 46 minutes every two hours- 15 minute break
if interviews - reasonable discretion
118
What are the two things you are entitled to under code C?
Entitled to an appropriate adult 👩 - learning
Need or under 18
Interpreter
119
What is the code and section under your rights - investigatory officer?
Code D - S.61 PACE -Fingerprints taken with or without consent- Higher rank officer 👮♀️ 
S.61 A - footprint
S.63 - non-intimate samples - without consent
S.65 - intimate samples - blood 🩸 and urine - senior officers authorities- required consent taken by doctor/nurse
120
What is after your rights under police control? 
Interviews
121
What are the codes and sections under interviews? Police powers ?
What are the three Cases ?
Code E/F- Three tapes - court evidence and defence
S.76/78 - Cannot obtain evidence via oppression
R v Samual - Right to a solicitor at every stage
R v Aspinall -Appropriate adult needed for schizophrenia
R v Argent - Right to silence

122
What happened before 1998 ?
under how do we enforce ECHR law?
Any human right case had to directly go to ECHR
123
What does the human rights act of 1998 tell us?
We need to challenge HR cases in domestic courts first

124
What is the route that HR cases now have to take human rights act 1998? - under how do we enforce ECHR law ?
HC - COA - SC - ECHR
125
What do we have to consider under s 2 and what must be compatible in s 3
What will any incompatible law receive under s.4
under the human rights act 1998? ECHR
Due to S.2 must consider all judgements of ECHR
S.3 - Primary and secondary law must be compatible with ECHR
S.4 - any incompatible law will receive a declaration of incompatibility 
126
What do you have to bring under how do we import ECHR Law ?
Bring a case - 3 grounds
procedural ultra vires
- (Aylsebury Mushroom 🍄)
Substantive ultra Vires - (Cure + Deely v C+ E)
Proportionality - disproportionate -

127
What is after we bring a case under how do we enforce ECHR law ?
Protocol?
What are the 6 steps ?
What do we have to identify first ? 
Protocol 14-
First identify whether it is a state or state body
If so one judge 👩🏿⚖️ decides admissibility criteria
If so three judges discussed case or seven if new case area
Final challenge - Grand Chambers 17
judges
Sent back to domestic court
128
What is admissibility criteria under? What protocol under how does the ECHR law work ? 
Protocol 15+16
129
What is under protocol 15+16 under admissibility criteria?
You must be a direct victim
exhausted all domestic routes
Cannot be anonymous
Cannot be exact same issue as one before
suffered significant disadvantages
Lodged application within six months of final domestic court decision
130
What does the ECHR not have to follow?
Precedent 
131
What are the five remedies under how do we enforce ECHR law ?
S.4
Compensation
mandatory order- You have to do something
Prohibited order - You have to stop doing something
quashing order - Charges dropped

132
What is article 8?
What do we have to see?
Right to private home and family life and correspondence
See if it’s standing under s.6 and if they have been sufficiently impacted due to a state or state body
133
What things go onto private life?
Medical info
relationships
Photos and videos of you
political viewpoints
134
What does article 8 (1) State under article 8 right to private life? 4 cases?
We all have a right to a private life
(Niemietz V Germany 🇩🇪)-including work office work+ work relationships part of private life
(Axon V SS of health ) - medical data is always private however age is a factor- will consider Gillick competence)
(Paton V Poole ) - Photos and surveillance
(Steinfield v SS of Education)- relationships private life civil partnerships previously only allowed to same-sex couples
135
How is Steinfeld v SS of education a breach of article 8?
Civil partnerships- Now the opposite sex
136
What cases come after breach of article 8 Stenfeld V SS of education
Mosley V NGI -Reputation
Rooney V Vardy- WAGS
PJS v Newsgroup- children’s reputation
Richard V BBC -Homelife
137
What does family focus on under article 8?
What should they enjoy ?
Enjoy uninterrupted relations with family
Wider family networks
138
What does family under article 8 include?
Case? Why no breech ?
Marriage 
(Agyarko + Ikuga V ss of home department) - No breech
they could enjoy their relationships in another country
139
What are the three cases under CSER law for family - Corporate Social Environmental Responsibility ? Under article 8?
(Gaskin V UK 🇬🇧) - right to find out about their family
(Yousef v Netherlands 🇳🇱 )- Child custody - best interest of child 👧
(AB v SS of justice) - gender recognition rights - gender recognition act 2004
Impact of family - PJS v independent news group
140
What does Homelife under article 8 insure an interrupted right to? 
What are the three cases that go over proprietary interest
tenants rights
and gypsies having right to home life on approved land - time approved
An uninterrupted right to enjoy your home
(Khatun V UK 🇬🇧)-  includes proprietary interest
Included tenants rights- Richard V BBC
Price v Leeds - Gypsies only have rights of home life on approved land - time approved
141
What is correspondence under article 8?
Example ?
Uncensored and uninterrupted communication
Digital footprint 👣

142
What are the three cases under correspondence under article 8?
(Klass v Germany 🇩🇪) - surveillance
(Barbulescu v Romania 🇷🇴) -work channels can be looked at but where proportional
Tele2sverige v Watson -State can only check devices and ask the storage if suspect serious crime-indictable offences
Followed in Liberty 🗽 V UK 🇬🇧
Mobile / internet
143
How do we structure an article 8 essay?What do we invoke?
S.6 under HRA - state or body - Standing
Invoke Article 8 against the state or body for failing to protect her from ***
144
What is Under article 8 [2] restrictions much be in accordance with ?
In accordance with the law (UK law must allow restriction)
145
What is AA10 Restrictions are protected by under article 8[2]?
Protected by HRA
146
What does law have to be under AA 8 [2] ? case?
Law must be clear precise and accessible - (Liberty 🗽 V Uk 🇬🇧 )
147
What is the second stage AA8 [2] restrictions?
Law must serve a legitimate aim
148
What are the four aims that must be served under AA8 [2]?
What case has a wide margin of appreciation and why?
1. National security - protect the most - (Lender V Sweden 🇸🇪) -wide margin of appreciation - easier to justify
2. prevent crime + disorder
3. Protect the health and morals of state and society - (dungeon V UK 🇬🇧)- views against same-sex marriage
4. Protect rights of others
149
What is the third Stage AA8 [2] restrictions?
Test? Case and quotes ?
Necessary in a democratic society to restrict
proportionality test- (Observer + guardian V UK 🇬🇧 ) pressing social needs
150
What is article 10?
The right to freedom of expression
151
What kind of law is it?
Qualified - can be restricted
152
What does AA10 [1] protect?
What does the C have to be ? Explain ?
Three aspects of expression
Hold opinion
Express ideas or opinions
Received information
Sufficiently impacted
153
What is holding an opinion?- What can it never be? Case? (AA10)
Any individual is welcome to their opinion we cannot determine their opinion
CAN NEVER BE RESTRICTED 🚫
- University - sombrero case - hold opinion of culture
154
What does expressing ideas or opinion to show the freedom of? Case? (AA10)
Freedom of press to report an issue in public interest
(Goodwin v Uk 🇬🇧)
(Handyside V UK 🇬🇧)- allowed to shock offend and disturb others
155
What are the two kinds of margins of appreciation under article 10 under expression?
Wide - easier for the state to restrict
Narrow - harder to restrict
156
What are the three types of expression under AA10?
2 cases? What is someone in public interest ?
1. Artistic - art 🖼 ,literature , film 🎥 ,clothing - wide
Müller V Switzerland - Fetus as art
Otto Preminger Institute v Austria 🇦🇹
2. Political- opinions of politics - harder to restrict - narrow
(R v Mair ) (R v McAlpine)- lead to a Criminal offence 🚫
3. Public interest - people that are in public interest (Mosley v NGI) ( Richard V BBC)
(Steel + Morris V Uk 🇬🇧 )
(Axel Springer V Germany)
Notoriety of person
Prior conduct
Method used to obtain information ℹ️
Consequence
sanctions
Context/Form
157
What is the third stage of article 10?
What do you have a right to ? Act ?
Received information- right to own information ℹ️- Freedom of information act
158
What can you request under receiving information ℹ️ AA10?
Request state held info
159
What case in receiving information in stage three of article 10 give us reasons as to how we can request state held info ℹ️ ?
(Magya Helsinki Bitzottsag V Hungary 🇭🇺 )
purpose of request
Nature of info
role of applicant
Available
160
What is AA10[2] Prescribed by?
Law 
161
What does Law have to be? Under AA10[2]?
Clear and precise - (Lender V Sweden 🇸🇪)
Accessible - (Liberty 🗽 V UK 🇬🇧 )
162
What does AA17 state? What is not allowed ? AA10[2] case?
Discrimination - hate speech not allowed
(Garuady v France 🇫🇷)
163
What laws can be in force under AA17?
Defamation
obscene
harassment
malicious communications
equality act
MPI
AA8 protected by human rights act
official secrets act
Public order act 
164
What is the second stage to the defence of AA 10[2]?
Must serve a legitimate aim- Of law chosen under AA17
National security - (Hadjianastatsiou V Greece 🇬🇷 )
Public Safety /territorial integrity - ( R v Shyrler)
Crime and disorder - (Surek V Turkey 🇹🇷)
Protect Health and morals- (Handyside V UK 🇬🇧) ( Müller v Switzerland 🇨🇭)
(Dulgerhiru V London Borough of Earling)
Right and freedom of others - AA8
(Bedat V Switzerland 🇨🇭)-All articles must be equal And must be considered their individual facts
Protect information and receive in confidence - (Guja V Maldova )
Protect the impartiality of the judiciary - (Sunday Times v UK 🇬🇧)
165
What is the third stage of AA10[2]?
Is it necessary in a democratic society?
Proportionality test
(Observer + guardian V UK )
(Pressing Social need )
AA8 v AA10 - Discuss Axel Springer case to help you out come
role to conduct
how info was received
Noroity of the celebrity
Consequence
Sanctions
For article 8
Campbell V MGM
Richard V BBC
Mosley V NGI
PJJ v Newsgroup international
166
How do we do the introduction for article 8 evaluation?
What kind of law?
Right to private ,family and home life as well as uninterrupted correspondence
Qualified meaning it is restricted
167
What does article 8 impose on the state? (Eval) 
Positive and negative obligations 
168
What does the introduction for AA8 Eval have?
Proportionality
169
What are the three evaluations of the introduction of article 8? 
1. Private life is important - should it be restricted
2. No precedent - absurd cases because all decided differently
 (Conner V Uk 🇬🇧) (McDonald V Uk 🇬🇧) - gypsies on land inspecting the facts decided definitely- unfairness
3. Margin of appreciation can operate on fairly- no two countries will be the same - states have less right of privacy
However different values
170
How do we evaluate private life? Eval AA8
What has the ECHR done?
Wide term - no definition interpretation through cases
Relationships- (Stienfield V SS )
medical (Axon V SS of health )
reputation (Mosley V NGI)
photos - (Paton v Poole)
Two large of a scope
more individuals test courts see private life has been infringed 
Thankfully the ECHR has recognised need for states to make a recognise their own Laws - Euthanasia
(Nicklinson V UK 🇬🇧)
171
How do we evaluate family what is there no of ? AA8 Eval
What is there a Changing in scope of?
No definition
Marriage (Agyarko + Ikuga V SS of Home 🏠) - trafficking - (Q v SS of home 🏠) - courts Are refusing more entry protecting state - (Biao V Denmark 🇩🇰)
Child custody ( Yosef V Netherlands 🇳🇱)

child right (Gaskin V Uk 🇬🇧)
Changing scope of family -
homosexuality (Frette V France 🇫🇷)
transgender 🏳️⚧️ (EB v France 🇫🇷)
complex rules - human fertilisation and embryology act -surrogacy
IVF
172
Evaluate correspondence - AA 8 Eval
what are states doing more of?
How is this protected ?
Act?
 restricting communication through law such as IPA
However (Tele2Sverige V Watson) + (Liberty V UK 🇬🇧 ) - look to protect them- Limited state - only allowed to share communication with serious criminal are suspected
UK change law - data retention acquisition regulations act 2018
173
What question do it ourselves after Eval of AA8?
Should we allow the state to have more powers to track under correspondence
174
What kind of article is AA10 ( Right of expression) under the evaluation?
What should it never be?
Qualified can be restricted - expression should never be limited
175
What kind of obligation does article 10 have? (Eval)
What is it state duty to do and avoid?
What do they have?
Positive and negative obligation - state duty to protect and to avoid interference
However states have different margins of appreciation - Can lead to inconsistencies -Shown in countries like Turkey - (Surek v Turkey 🇹🇷 )
176
What is article 10 right to express at a constant battle with?
Inquiry? What does hacking tell us ?
Constant battle with AA8 -  (Bedat v Switzerland 🇨🇭)
Long list of UK case law that shows reluctance to accept article 10 -
(Campbell V MGN ) (Moseley v NGI) (PJS v International News group) (Richard v BBC) (Jaggard V Darling) (Murray v Express)
Leverson enquiry- looks at press standards due to hacking - lack of trust due to the press
- Is article 10 actually protected? other countries and more equality
(Axel Springer V Germany🇩🇪 )
(Bedat V Switzerland 🇨🇭)
177
what is that a final line of in Eval art 10 ?
What do we have to ban this?
What do courts do?
Fine line between offensive shocking to obscene banned expression
AA17 - Discrimination bans hate speech -(Garaudy V France 🇫🇷)
Courts Look at the impact and try to prevent serious comments that indicates serious crime
(Belkacem V Belgium 🇧🇪) -court of morality?
( Handy side V Uk 🇬🇧)
(Otto Preminger Institute v Austria 🇦🇹)
178
What is there to much of under evaluation of article 10?
Eg? Act?
What is there? What does it hinder?
What does one law govern?
Too much UK law
The public order act - creates offences for causing harassment alarm and distress  - (DPP v Chambers)
Range of defences - unclear nature - what is acceptable?
Hinders over law such as obscene publications - (R v Gavin smith)
And malicious communications
( DPP v Collins) - One law governs acceptable speech
179
What is the fifth expression under article 10 evaluation what is it what is its margin of appreciation?
what does it lead to ?
Careful line of? (EVAL)
Political expression - narrow as it only protects when it leads to a Criminal offence - (R v Mair) (R v McAlpine)
Politicians face too much abuse - we don’t protect them showing with Jo Cox and Mr Berry
Careful line - we need political expression for democracy
180
How do we evaluate risk and threat of online under AA10 Eval?
Law has not kept up with protecting people get online abuse- malicious
Don’t have enough safeguards but UK is trying to do more - the online safety act 2023
181
How do we evaluate receiving info under article 10?
What is the key criteria for?
Case? Why is it fair ?
Inquiry?
We have to Request for state held or personal - key criteria for access
(Magya Helsinki Bitzottsag V Hungary 🇭🇺)
Fair aspect of law- look at who is requesting
Nature of it and accessibility
Receiving info helps - with the democratic society instigate social change
Grenfell tower inquiry
182
What is article 11?
What kind of qualified is it? 
Right to freedom of assembly - Protest
Qualified
183
What are the three rights under article 11?
What is a breech?
1. Freedom to have a peaceful assembly -
(Appleby V UK 🇬🇧) - public land - could take protest on public land
(Cisse V France 🇫🇷) - Protest 🪧 in church ⛪️
2. freedom to associate with others -join different groups - cause groups - political groups
(Young James Webster V uk 🇬🇧 )-closed shop agreements are a breech
(Renfern V UK 🇬🇧) - can join controversial political groups
3. Form or join the trade union -
(Belgium Police 👮♀️ v Belgium 🇧🇪 ) -does not protect the union from being allowed consultation for law
(Matelly V France 🇫🇷) - No blanket ban for military
184
What are the restrictions under article 11? 
Prescribed by law and precise -
(Leander V sweden 🇸🇪)
accessible ( Liberty 🗽 v Uk 🇬🇧)
185
What are the two laws and three sections we have under the restrictions of article 11?
Common-law - trespass passed to land
Entick v Harrington -
“Any unlawful interference with someone’s possessory rights”
“every invasion if so slight”
BOP - R v Hinklin - Immediate breach of the peace - (Eiseman V Reynard)
statutes - Public order act
criminal damages act 1971
S.144 LASPO - squatting
Criminal justice public order act s.61- if you’re ready a trespasser on land
Police can come and remove - if they have caused damage
six or more vehicles 🚗
have used threatening or abusive language
S.63- Police can stop a rave 20 or more - criminal offence if they returned within seven days
S.68 - aggravated trespass -disrupt or obstruct any unlawful activity on land
Criminal offence (DPP v Chiver) (DPP v Bower)
S.70-temporary assembly - preventative section-stop someone before tress pass covers intended disruption or important land
186
What is stage two for article 11?
Serves a legitimate aim -
National security - Laporte V CC of Gloucestershire
Prevent crime and disorder - (Cisse V France 🇫🇷 )
Protect health and morals- (Lamella V
Finland 🇫🇮)
Rights and freedom of others - (countryside alliance v AG )
2. Necessary in democratic society- proportionality -pressing Social need- Ezelin V France
187
What kind of right article 11? (EVAL) What does it need? Fundamental for?
Qualified rights - needs greater protection fundamental for democracy
188
What kind of obligation on the state does article 11 have? (Eval)
Positive and negative obligations on the state
189
What does article 11 having different margins of appreciation Ensure? (Eval)
Case?
Ensues safety before anything else can be a problem with countries who have more expressive protection
(Ataman V Turkey 🇹🇷)
Unfair in some states use power of derogation
Turkey 🇹🇷
Russia 🇷🇺 + Ukraine 🇺🇦 - Careful balance
between over interference -
tiptoe around starter
(Navalnyy v Russia 🇷🇺)
190
What is paragraph 1/2 under article 11 Eval?
Pay for protest 🪧
191
What is paragraph 1/2 under Art 11 Eval
What is it versus?
Pay for protest 🪧
Police funding cost of protest
Vs
right to free protest-difficult
never have to pay for human rights
some protest lead to major disruption
Chris Packhom- walk for wildlife
192
What is paragraph 2 under article 11 evaluation?
what do police now have ?
Public order -
Too much law is misleading poorly defined confusing-
Hard to know the difference between offences
S.1 Riot S.2 VD S.5 s.4 s.4A s.5 (DPP v Chambers )
Police the right tactics to help combat now protest -Distinction rebellion - 600 of us over 400 were later said to be unlawful - MET - Over £1 million compensation
193
What is s.14 under article 11 Eval? 
When must it be reviewed?
S.14
Condition must be put on protest -  but must be reviewed daily (Jones v CC MET )
“Serious harm or disruption”  - This is not defined so is a matter for Police - Lead to inconsistency    
Police resources - 50,000 extra officers for protests
194
What is the Third point under article 11 eval? What is that a Clear battle between?
Example? What is there a Clear rule of ?
Battle between police vs. Force of police
- No real tactics - high level of Police brutality
For examples death of Ian Tomlinson -clear rule of level of offence
195
What is the fourth point under article 11?
Act?
What does it limit ?
What can the government do ?
Public order act 2023 -Limits right to protest and set offences
originally the government can stop is “annoying”
Shows the intent of government
196
What is article 5?
Right to liberty
197
What kind of right is article 5?
Core right hard to restrict.
198
What are the restrictions to article 5?
What does everybody have a right to?
Art 5[1]
Everybody has a right to liberty except under certain circumstances
199
What are the 6 circumstances under the restrictions of article 5 [1]?
a) conviction of contempt of court
b) Detain person for compliance of legal order
c) Arrest for purpose of detention before court on suspicion of an offence
d) children undergoing education
e) detainer of person preventing spreading of infection ( disease, diseases people of unsound mind ,drug addicts ,vagrants )
F) detained to prevent an authorised entry into country deportation /extradition
200
What three questions Do we have to ask ourselves if there’s a breach of article 5?
Standing
If they’ve been detained for a long period of time,
if detention was set by the state or arm
no consent to that detention
201
What comes under conviction for a contempt court under article 5 [1] restrictions?
What is set by prison?
Section?
Case?
sentences ?
Prison - sentencing set by the state
S.142 CJA
Life sentencing as in (R v Vickers)
Mandatory term sentence considered for parole
(James Lee Well V UK)
Hospital orders set by court (R V Pupolins)
202
What comes under arrest for purpose of detention before court on suspicion of offence under article 5[1] ?
What orders ? Who enforces this ? For how long and case?
What kind of arrest is necessary?
Control orders - TPIM - Terror prevention investigation measure -
home secretary - power on suspicion terror
How - Restraining orders
electronic tagging ➡️ 2 years
Residence requirement
Restricting/monitoring Internet
(Guzzardi v Italy 🇮🇹) isolated on island - unfair
(SS of Home V JJ) - 18 hrs curfew - unfair
(SS of Home v E) - 12
Preventative arrest- (Eisaman V Reynard) only as long as necessary
203
What are the other 3 things that the Home Secretary can impose through control orders under article 5 [1] ?
What is it protected under? Cases ?
Crowd control match measures
protected under the PACE public order act
Power to kettle - ( Austin V CC of MET) ✅ 7hrs no breech
(Moos v CC of MET) - needs of immediate breach of peace only as long as necessary
Bail - bail act of 1976
Police powers - stop and search 🔎
s.1 PACE
s. 44 terrorism act (Gillion Quinton V UK 🇬🇧)
S.60 CJPOA -allows blanket search of area
204
What will never give rise to article [5 ]under restrictions and atreat for purpose of detention before court on suspicion of an offence?
Stop and search (Robert V CC of MET)
205
What is under PACE under article 5 [1] purpose of detention before court on suspicion of an offence?
Arrest and detention - 24 hours can be extended to 36 with senior
S.61
S.63
S.65
magistrates approval needed- indictable offences
(R v Haliwell)
(DPP v Woods 🪵)
206
What is under children undergoing education under article 5[1] ?
Who has choice until ?
What can we link this with?
Case
Children have parental choice until 18
(parental responsibility )
rehab impression with a (R V Thompson VVenables)
207
What care cases are under e) detaining a person to prevent spreading of infections?
Care cases
- (Cheshire west V P) - best interest for patient
(P + Q v Surrey council ) - reassessed - level of provision - necessary
(Winterwerp V Netherlands 🇳🇱 ) - persistent -
our mind continued provision must be necessary due to persistent condition
(Ashingdale v UK 🇬🇧) - therapeutic - - breach does not receive therapeutic environment
JE v DE /Re DE -breach of dementia patient
Evan V Alder hey - forcing someone to stay in hospital 🏥
208
What comes under deportation and extradition under article 5?
Prison - 28 days prior to deportation
(Shimovolos v Russia 🇷🇺)
209
What is article 5 [2]? What should everyone arrested being informed of?
cases ?
Everyone arrested shall be informed promply in a language they understand and reason for charge
(Christie V Leachinsky) - told reason for re arrest
(R v Samuel) - breach no access to legal representation
(Taylor v CC of Thames Valley) - reason given adequate
210
What is Art 5 [3]? What does the defendant have the rights to be brought before to test?
the right to be brought before a judge promptly to test
the lawfulness of detention
Right to be released on bail
And to be tried in reasonable time
211
What is under bail under article 5 [3]?
What are the three main powers of how long you can be held on the bail?
Bail - s.4 of bail act 1976
24
36 - senior
96 - magistrate approval
212
Under bail under the article 5 [3] how long can you be held for terrorism?
What act is this under?
case for indefinite detention?
14 days - protection from freedom act
(Belmarsh case)
213
what case outlines the four reasons why
Keeping some one on suspicion terrorism for 14 days under the protection from freedom act would be relevant?
Under Article 5 [3] Bail
(Beghal V DPP) -
1) objective is sufficiently important
2) measure connected to objective
3) could a less intrusive measure be used such as bail
4) fair balance of the rights of the individual versus society
214
What can the state use under article 5 [3] bail?
Power of derogation
215
What is article 5 [4]?
What are the two things we look at?
What is under lawfulness of detention ?
What are you kept longer for?
Cases ?
Right to test the lawfulness of detention in court
Access to court
Lawfulness of detention
- indeterminate - (no term) ( James Lee Wells v UK)
Kept prison longer than sentencing
- (Haney V SS of Justice )
216
What is the speed decision article 5 [4]
decided by and as soon as ?
Case?
court and parole board
As soon as reasonably possible
(Ex Parte Noorkoiv ) - breech
217
What is any breach entitled to under article 5 [5] ?
Compensation
218
How do we start our article 5 evaluation? What kind of right is it?
Why is it fair? Why is it unfair?
Core right
Hard to restrict
Fair ✅ -
one of the most important rights
Protects us from abusive powers of the state
Unfair
deregation can bypass human rights law
Problematic in terror cases ( Belmarsh Case)
219
What are Police powers been under article 5 evaluation?
Cases?
Why is this fair?
How is preventative arrest unfair?
Controversial
(Austin V CC of MET) - authorised use of ketteling -reasonable
(Moos v CC of MET) -only for as long as necessary immediate BOP
May increase tension need to harm an abuse forced by Police shown in Ian Tomlinson -
Need clearer structures how to deal
Fair- as police need control during disorder and protests
Preventative arrest - (Eiseman Reynard V UK 🇬🇧) - unfair contradicts innocent until proven guilty
220
What do we never engage with under article 5 evaluation?
How may it be fair or unfair?
Stop and search (Roberts v CC of MET)
unfair - may be detained unlawfully should be given a rise to Art 5
Especially with the UK‘s history of discrimination
S.1 S.60 PACE - however fair - under PACE we can sue
221
What does article 5 evaluation have a long changing history with?
Sections? Acts? - how are they Unfair?
Terrorism - long challenging history of how to deal with a suspect
Unfair -
S.44 terrorism act - blanket indiscriminate
- led to larger discrimination
- (Gillion + Quinton v UK) - unlawful searches are unlawful
S.47A - allow such if you have a reasonable belief that an act of terrorism will take place
Unfair
Subjective
how do you do having a reasonable belief?
-
222
How long can you detain suspects for under terrorism under article 5 evaluation?
However, what did Belmash say? Under what act?
Originally indefinite
28 days was unlawful so considered at 14 days current protection from freedom act 2012
223
What have we moved from the freedom act 2012 to under article 5 evaluation?
Beghal Criteria
- fair
looks at less intrusive measures
And balance of rights
Unfair -
14 days still too high and proportionate to other offences
224
What have sentences been under IPP sentences under article 5 evaluation?
What kind of sentences do murderers get? Why may this be wrong?
Case?
What do sentences now have to have?
Very controversial
InDeterminate -everyone deserves a second chance - rehabilitation - welfare of society
(James Lee Wells v UK 🇬🇧)
- tariffs
225
What does IPP stand for under evaluation article 5?
What kind of terms did they have?
what year?
What did they have to apply for? Why?
Public protection services - early 2000s high terms
had to apply for parole
only release of safe
226
What are some people still doing even though IPP is phased out on the article 5 evaluation?
What does this show?
What is difficult?
Still in prison - show our challenges over how we detain offenders
difficult balance between protecting public and right of individuals
227
What do we have to serious issues with under article 5 evaluation?
What are the four things we look at? cases?
What kind of mistreatment is under care and mental health?
What does the prison report show?
What are hospital orders trying to support?
How we treat those with additional needs
Care and mental health
- protection is not consistent - substantial mistreatment and abuse from those complex needs (Winterborne view)
Prison - recent report show high level of Police discrimination and abuse for SEN and mental health needs - improve treatment and environment for individuals
Hospital order - case so that was put trying to support the rights of patients ( Christie P V West ) (Ashingdale V UK 🇬🇧)
228
what are detention centres originally on the terrorism/asylum and the article 5 evaluation?
What do they have a poor standard of? Example ?
Originally indefinite detention
rights poor standard of human rights - Brookhouse panorama review
229
What did the Brookhouse panorama trigger under article 5 evaluation terrorism/ asylum?
Are the measures why might be scrapped?
New rule to only be kept 28 days instead of indefinite
Sending individuals to Rwanda very controversial - may be scrapped by labour
230
What is article 6? What kind of right is it?
Right to fair trial
Core right Hard to restrict
231
What do we need to establish under article 6?
Standing under s.6 HRA - state body sufficiently impacted
232
What does article 6 [1] state ?
Any civil or criminal case you have the right to fair hearing at a reasonable time 🕰️ in public decided by impartial judge
233
What are the 10 things on the article 6 [1] ?
Civil rights
criminal charge 👩⚖️
access to court
Fair hearing
Restrictions
Representation
Oral hearing
Evidence
reasons for the decisions
Public hearing in reasonable time
234
What is under civil rights and the article 6 [1]?
What does it challenge and what does it allow us to sue?
What do we have a right to?
challenges legal rights And obligations
allows us to sue in tort contact family
right to a remedy
235
What kind of trial is under criminal charge under article 6 [1]?
What are the two things that has to be and who is it decided by?
Who do we protect?
Fair trial
reasonable time
decided by impartial judge
Protect the presumption of innocent 😇 (Art 6 [2])
236
What is under access to court under article 6 [1]?
What review is there?
How long are appeals for?
Judicial review - standing 🧍♀️
Appeal - but restrictions time - frames - harassment - six months
Tort - three years except historic abuse
237
What kind of litigant are under appeals under access to court article 6 [1]?
When can they appeal on fact?
What do the judiciary have?
28 days - vexatious litigants- sue the state for the sake of it
Appeal on fact once
Immunity of suit - judiciary 👩⚖️ (Osmon V DPP)
238
What is after access to court?
What is there an equality of ? Art 6 [1]
Fair Hearing -
equality of arms
same opportunities
239
What does fair hearing not have to have under article 6 ?
What AG ref?
What kind of friends are used?
AG ref 82a 2000 - does not need to be the same standard of representation
McKenzie Friends
240
what do we not have? case ? under article 6 [1] fair hearing?
Why should it be given?
( Steel Morris V UK 🇬🇧) - originally no legal aid - in such complex cases should be given for equality 🟰
241
What is under restrictions on article 6 [1] ?
What will be needed, but who is not told ?
Who needs protection? (Case)
What is there a presumption of? (Case)
What is there a privilege of and who can interfere?
Special advocate for defendant will be needed - in terrorism related cases or national security - solicitors is not told
Children need protection from humiliation
( T + V v UK 🇬🇧)
Presumption of innocence - (Salabiaku V France 🇫🇷)
Privilege of self-incrimination - anything you may say may be use as evidence
- independent tribunal can interfere from silence 🤫 (Brown V Stott)
242
What is there no absolute right to under representation under article 6 [1]?
What can people do? And what may people not get?
To representation ( Hammaton V UK 🇬🇧)
Can self represent
may not get a solicitor
McKenzie friends AG ref 82 a 2000
243
What can you get for criminal cases and what is there a special advocate for
under representation under article 6 [1]?
Legal aid for criminal cases, (Benham V UK 🇬🇧 )
Special advocate for national security
(SS of home v AF )
244
What do we hear from both sides under oral hearing under article 6 [1]? Why?
Argument - the decision is based on evidence in court
245
What should the judgement be delivered to undee Oral hearing under article 6[1]?
Delivered to the defendant
(Stansbury V datahouse 🏠)
246
What are the two restrictions under article 6[1]?
Cases?
Children 👧 - (B+P v UK 🇬🇧)
investigator powers act - 2016
Regulatory investigator powers act - 2000
Writing ✍️
247
What section is after under evidence under article 6 [1] ?
Case?
What is not allowed ?
S. 76 pace
Cannot gain evidence from oppression
( R v Millier)
Coerced or tricked (AG ref 3 of 2000)
248
What is allowed under in evidence?
What act is this under Art 6(1)?
Hearsay can be allowed in limited capacity
(Criminal justice act )
249
what is given under the reasons for decisions under article 6[1]?
What does it help allow?
Case?
Give reason for decision
Help allow the appeal system to work
(Brumarecu V Romania 🇷🇴)
250
What is after evidence on the article 6[1]?
Reason for the decisions
251
What may they be a restriction under reasons for decisions under art 6 [1] ?
Jury secrecy
252
What is under public hearing in a reasonable time?
Who can watch the cases ? what restricts this under article 6[1]?
Case can be watched by the public
However restricted if it’s a case of
national security
children
family law cases
253
What does reasonable time not have under public hearing in a reasonable time under article 6[1]?
Reasonable time - no definition
254
Who else can use public hearing in a reasonable time and article 6[1]?
3 cases?
Independent impartial tribunal judge 👩⚖️
No jury, no judge - magistrate bias
(Pinochet case )
(Sondler V UK 🇬🇧)
(R v Young )
255
What is under article 6[2]?
What is presumed under every criminal charge?
Cases?
The presumption of innocence -
every criminal charge- the presumption that you are innocent until proven guilty
(DPPv Woollington)
(Salabiacu V France )
256
What is under article 6[3]? What is minimal?
What are you informed with and what do you get?
Minimal rights charged with criminal offences
Informed of accusations against you - language you understand
Legal assistants right to have a solicitor
-(R v Samuel )
every step of the way
-(police station rep)
257
What do you have adequate time for under article 6[3]?
Case?
Adequate time to prepare for defence
- (Ex Parte Polemis)
258
What do you have a right to be presented to you under article 6[3]?
Right to have it presented
freedom from oppression
R v Miller - S.76/78
259
What do individuals have a right to examine under article 6[3]?
Right to examine witnesses cannot be anonymous
(Ibraham V UK)- safety interviews - on scene
(Abdurham v UK) - clear with advice to witnesses
( R v Davis) -🚫 anonymous witnesses in court
260
What kind of law is article 6 evaluation?
What is it protected by?
Core right hard to restrict - protected in law by the Magna Carta
261
What has the protection of article 6 being supported by under Eval? What needs to be addressed ?
Supported effectively by the UK - specific challenges that need to be addressed
262
What is paragraph one under article 6 evaluation?
Benefits of the UK system
263
Under the benefits of the UK system under article 6 evaluation, were appeals allowed?
What is put in place to allow?
When was this used positively?
Criminal civil law
Reasonable time frames in tort and family allow - to allow individuals opportunities
use positively in historical cases by timeframes have been ignored in the interest of justice ( R v Harris) ( Jimmy Savel)
264
Who can now sue under article 6 evaluation in Tort? Cases? However, what does this allow?
Police - (DSD v CC of Met)
(Robinson v CC of Yorkshire) - holds them accountable - fairness in society
Flood gates with funding 🌊
265
What does the judiciary have under article 6 evaluation?
Case? What does it protect ?
Immunity of suit (Osmon V UK )
+ protect legal processes allows us to
allow judge to decide without pressure
Protects impartiality
266
What are the six things under benefits of the UK system (Paragraph one ) of article 6 evaluation?
Appeal
Tort
protects under a fundamental aspects of UK law
evidence
oral hearing
protect independent tribunals
267
What does article 6 also protect? (Eval) what is the beneficial to?l and what does it allow?
Other fundamental aspects
- presumption of innocence (DPP V Woollington)
Privilege of self incrimination
Right to silence - (R v Argent)
legal representation - (R v Samuel)
Beneficial to law as it allows fair hearing
268
How must evidence be collected and what is it protected under article 6 evaluation?
However, what can happen to some rules?
Collected in a Fairway - protected under s.76/78 PACE
(R v Miller)
Some rules can be questioned, especially with safety interviews, (Steven Fulchure )
269
What is oral hearing under article 6 evaluation? Except? How is this positive? How could it be unsafe ?
Largely protected - (Stansbury v DataHouse )
except cases of children (B + P v UK)
and national security - (IPA 2016)
+ recognise we have to protect children from humiliation for child witnesses
could be unsafe allows identity of info of national Security to be public
270
What is oral hearing of national security protected under?
Investigator powers act 2016
271
What do we protect under article 6 evaluation?
Independent tribunals - do not allow bias
Sandler v UK
(Pinochet case)
(bushells case )
272
What is massively happened to jury trials? (Eval Art 6)
What was also recruited to show inconsistencies ?
What questions does this raise? what are there also issues with?
Massively scrutinise consistency and unfairness
(R v Young) (R v Pryce) (R v Karakaya)
TV show juries came with different decisions
should be replaced juries ?
issues with during nobbling
(R v Twomey)
273
What is paragraph 2 under article 6 evaluation?
Legal aid
274
What is the mass of inequality of under article 6 Paragraph 2, legal aid?
Under what law?
What can individuals not do?
cases?
Massive inequality due to cuts to legal aid (LASPO 2012)
Can access court as they don’t have the financial means in civil law
(Rights of women V SS of justice) - shows extent of government cuts judges are trying to be fair
275
What have judges also had to protect under legal aid article 6 evaluation? What does this create?
Complex cases- (Steel Morris V UK )
creating fairness
276
Under article 6 evaluation what has legal aid funding stuck by?
£1 billion
277
What has the current proportional of person represented by a solicitor has fallen by under article 6 evaluation legal aid? What is the quote by LJ Darling?
60% of 30%
The doors to the court are like the doors of Ritz Hotel open to all
278
What is after paragraph 2 legal aid under article 6 evaluation?
Issues with rape trials
279
What is the first problem with witnesses under the issues with rape trial
Under article 6 evaluation ?
What is this due to? evidence?
What does this arguable do ?
Protection of witnesses use video evidence support prosecution cases
Low conviction and case rates - 2018 -
41,000 cases only 3600 charged
Arguably prevent equality how to challenge evidence
280
What else is the issue under rape trials article 6 evaluation?
Who proposed the solution and what is it?
Case?
Question asked to victims in court to intrusive - makes them feel like that one’s been prosecuted
Ann Coffey - rape trails - not allowed to jury
(Ched Evans)
17-year-old Cork Thong case - questions on clothing lead to acquittal -
jury may be biased form excessive opinions that should not be considered
281
How are terrorism cases treated under article 6 evaluation?
What can we do if info gives rise national security?
What can we restrict?
Definitely before and during court
Give rise to national Security - we can protect info from being public - restrict evidence to the D on this Basis
(Abdourahman v uk) - safety interviews - necessary however 48 hours can be excessive
(Ibrahim v uk )- what individuals need to be clear evidence will be used - can restrict hearing need to protect society
282
what is under paragraph 5 article 6 evaluation? Case?
What is it there an unfairness of?
What do we have to prove who found this law?
(Nelson Hallom V Uk)
- arguably unfairness with compensation scheme - for wrongful convictions
Had to prove innocent or reasonable doubt - ECHR - found lawful
In my opinion, unfair - goes against fundamental principles of perception of innocence found under article 6[2]
283
What should the UK have under overall evaluations of the ECHR/HRA?
own Bill of Rights
284
When did the UK join ECHR
And when was it officially recognised, under the overall valuation of ECHR?
1970s
Officially recognised in 1998
285
What are the three sections under the UK? Under should have their own bill of right under the evaluation of ECHR?
S.2 -domestic law must be read in the way that is compatible with the ECHR
S.3 - cases - considered under the ECHR ruling
S.4 - declaration of incompatibility
286
Who have criticise the ECHR and why under overall evaluation of ECHR?
Conservatives have criticised the ECHR for what they call a
“mission creep” - convection is inferring with domestic law impacts of sovereignty
287
What did the conservatives want under the UK should had their own Bill of Rights under evaluation of ECHR? Quote?
Criminal charter - wanted a new bill of rights
288
What is the first con of the ECHR under the overall evaluations of ECHR?
Case? how long was it for?
What could we previously do?
What was arguably be better?
1. Delay issue we had to exhaust all domestic courts first - (Wainright v UK ) - 9 years
Previously cases could go straight to ECHR - why they had delays also
Arguably better with Human rights act can challenge locally quicker provided judges considered ECHR
289
What is the second con under overall evaluations of ECHR?
What are we meant to do?
What do we have no duty to do? case?
However, what did the UK not change?
Decisions are not automatically binding
Consider ECHR law when there is a breach
given declarations
have no duty to change laws - (Hirst v UK)
Did not change law on prisoners voting what is the point of the ECHR? ?
290
What is the third con under evaluations of the ECHR?
What is not accountable citizens in the UK? What do they do?
However, what can the UK do and what is not binding?
Undermined Parliamentary sovereignty
Unelected judges are not accountable for citizens in the UK - make legal decisions that may impact them
UK can leave the ECHR
not automatically binding
291
What is the fourth con under the evaluation of the ECHR?
How much does it cost and what would we do if they left?
Where does this the argument stem from?
What is happening to our legal aid continuously? case?
Cost - cost taxpayer billions
If taxpayer were to leave, we would have a more cheaper effective service
Argument stems from individuals can have a legal aid - don’t appreciate the process
Legal aid is continuously being cut
Abu Qatatda- £1.7 million
292
What is the fifth con of the ECHR eval ?
What do conservatives argue? What Art?
What did the UK foot? For what?
ECHR block us from deporting dangerous criminals
Criminals are protected from deportation under article 8 from depotation
The UK foot the bill for the security
293
What did Theresa made? Do how many appeals were made? What was successful under the fifth con of the ECHR evaluation?
Protected thousands - in 2011
1888 appeals against deportation
185 were successful
294
What is after the UK having their own Bill of Rights?
Bill of Rights
295
What did the conservatives want to introduce under the Bill of Rights under ECHR evaluation? To control?
The British Bill of Rights to control their own human rights legislation control restrictions on these rights
296
What are the six rights Conservatives wanted to introduce under the Bill of Rights under ECHR evaluation? Article ?
What does it limit?
Supreme law making power
Supreme Court to be the final court of interpretation
Clearer test for deportation cases
Clear definition of degrading treatment (Art 3)
Limit the use of human right cases to only serious breaches
Limit and restrict UK armed services to be responsible on the human rights provisions
297
What will all judgements of the ECHR be under the Bill of Rights under overall evaluation of ECHR?
Only be advisory
298
What are the positives of the conservatives thinking We should have our own Bill of Rights under the evaluation of the ECHR? (4)
Cases?
Help reduce claims/ save money
Allows us to make laws that impact our society - (Hirst v UK 🇬🇧)
(James Lee Well v UK)
Remove your European interference - sovereignty ✅
Greater protection
299
What are the seven disadvantages of the UK having their own Bill of Rights under evaluation of ECHR?
Too great of restriction serious breeches- only to limited unreasonable
Increase risk of bias
Politicising human rights not now impartial
to poorly defined who can check government be so power
Greater mis conducted arm services
Struggle to entrench rights
Government showing that they really want to limit human rights
Protection - IPA - dangerous population don’t know enough about it
300
What does labour want to protect and what may have under bill of rights evaluation ECHR?
Want to protect HRA
may have some security
301
What is after a Bill of Rights under evaluation of ECHR?
General evaluation
302
What is under paragraph 6 7 8 and 9 under general Eval under evaluation of the ECHR?
Para 6 - point of issue - article 8 - stretch of private life
Para 7 - article 10 is not protected to get article 8 case law - (Bedat V Switzerland 🇨🇭)
Para 8 - Art 11/5 - police powers- public order
Para 9 - Art 6 - pretty decent except for rape trials - ann coffee
303
What did the Bill of Rights suggest under evolve of the ECHR?
Reform and opinion
304
What does the HRA of 1998 in bed under the enforcement of HR?
ECHR
305
What does section 2 section 3 and section 4 of the human rights act consider? Under the enforcement of HR?
S. 2 - consider the decisions of ECHR
S.3 - UK law has to be read in line with ECHR law
S.4 - law goes against ECHR -issue declaration of incompatibility
306
What does the appeal need in enforcement of HR?
What do they need to establish?
Judicial review in domestic courts - High Court
Whether it was an arm or state body
307
What are the four extra points under
Judicial review ?
cases?
three different kinds of grounds?
under enforcement of HR?
Sufficiently impacted
ultra Vires - illegality - beyond the powers
Procedural - aylesbury mushroom case 🍄
unreasonableness - Wesbury case
(Roger v Swindon NHS Trust)
HR - proportionality (Observer Guardian v UK 🇬🇧) - Pressing social need
308
What is under protocol 15+16 of the ECHR on the enforcement of HR?
See if it’s a state or state body
sufficiently impacted
exhaust domestic courts
direct victim
can be the same victim
Sufficiently disadvantage
cannot be anonymous
six months time limit from Supreme Court
309
What does protocol 14 look at under enforcement of HR?
What if it’s a similar point of law?
Which court we go to
Similar point of law - three judges
New issue (7)
Grand Chambers 17 final appeal
310
What are the four outcomes of enforcement of HR?
Declaration of incompatibility- (Hirst v UK 🇬🇧)
Mandatory/prohibitory orders
Quashing order - overturn a conviction
Compensation
311
what are the two factors that play into decision-making under enforcement of HR?
No precedent in ECHR law
margins of appreciation
