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A-level Law 👩🏿‍⚖️ > The Nature Of Law And Human Rights 🌍 > Flashcards

The Nature Of Law And Human Rights 🌍 Flashcards

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1
Q

What are the two kinds of Human Rights ?

A

European Convention on human rights

UN rights

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2
Q

What are the European Convention on human rights protected under?

A

Human rights act 

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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

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4
Q

what is the meaning of Fundamental?

A

Rights Can never be restricted 🚫 

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5
Q

Give an example of an UN right

A

Health care 

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6
Q

What are the two types of human law ? 

A

Core - hard to restrict

qualified- Restrictions

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7
Q

What goes against the right of expression?

A

Harassment
Hate speech
discrimination

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8
Q

What are some examples of something going against the rights of a private life?

A

Defamation

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9
Q

What do judges do in human rights?

A

Interpret laws

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10
Q

What does the government do?

A

propose law

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11
Q

What do the House of Lords and the House of Commons do?

A

Make the law

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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

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13
Q

What happened to the UK signed up to an international agreement?

A

Use their own law making methods to adopt theagreement 

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14
Q

How have the UK incorporated the European Convention on human rights ?

A

Though The creation of the human rights act 1998

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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

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16
Q

What does incompatible mean?

A

Does not follow human rights law

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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

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18
Q

What is Defamation ? What are we wanting ?

A

Tort - compensation or injunction

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19
Q

Where does defamation come from?

A

Defamation act 2013

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20
Q

What are three things needed to prove defamation?

A
  1. Defamatory statement 
  2. Statement Must identify the person
  3. Must be published
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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

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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

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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 

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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 ) 

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25
Q

What’s are the three Defences to Defamation?

A

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 ☀️ )

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26
Q

What kind of law is Breech of confidence ?

A

Common law - coco V Clarke

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27
Q

What is the first stage of breech of confidence ?

A

Info which has confidence in it -

Data parcel to you

Address medical Tax

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28
Q

What is the second stage of breech of confidence ?

A

D Obliged Keep it confidential - Government , solitaires safe guarding

Copy right info

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29
Q

What is the 3rd stage of breech of confidence ? 

A

Unauthorised use of data - Has to be accessed to it

TLT v SS home - home office - published der atoms of asylum seekers

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30
Q

What are the three defences to breach of confidence?

A

Necessary to safeguard
legal duty to do so
consent - AG v Guardian

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31
Q

What case comes from misuse of private info ?

A

Campbell V MGN - Protect all medical data - always private 

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32
Q

What case gives us a two-stage test for the misuse of private info?

A

Campbell V MGN

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33
Q

What is the two-stage test for misuse of private info?

A
  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

  1. 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

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34
Q

What case does Trespass to land come from? Quotes ?

A

Entick V Harrington - “Every invasion of property”

“Wrongful interference with possessory rights”

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35
Q

What is the examples of trespass to land?

A

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

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36
Q

What must we have for trespass to land ?

A

Must have Intent to do action - No intent to trespass 

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37
Q

What are the four defences for trespass to land ? 

A

Content
legal right gas electric water
Police PACE
necessity

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38
Q

What is Trespass ab initio?

A

Trespass after initial lawful entry

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39
Q

What is the first stage of trespass ab initio?

2 cases ?

A

Elias v Pasmore - seize evidence - must be linked with warrant

Chic Fashions v Jones - Look for and take anything

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40
Q

What act does harassment come from?

A

Protection of the harassment act 1997 

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41
Q

What kind of offence is harassment?

A

Summary offence - 4 months

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42
Q

Where is the Harassment found under? Definition ?

A

S.2 - A course of conduct which amounts to harassment to the defendant which the D knows or ought to know amount to harassment 

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43
Q

What is the first stage of harassment?

A

S. 7 at least two occasions

How far spread they are -

Pratt V DPP - Challenge within six months

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44
Q

What is the second stage of harassment?

A

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

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45
Q

What is the MR Of harassment?

A

DefendantMust to know that behaviour is harassment or ought to be- With a reasonable man believe

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46
Q

What are the defences to harassment?

A

Purpose of preventing or detecting a crime

Law that allows it

conduct is reasonable

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47
Q

What section and what year was malicious communication set in?

A

Section 1 1988

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48
Q

What is the two things needed for malicious communications? Under S.1

A

Send letters or other communications with intent to cause distress or anxiety

Must have a Message which be indecent and be grossly offensive

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49
Q

What is the mens rea of malicious communications?

A

Intent to cause distress or anxiety to those receiving (targeted)

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50
Q

What section is the second type of malicious communication?

A

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

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51
Q

What is the mens rea of malicious communications under S.127?

A

Defendant intended his message to be grossly offensive - aware it might be

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52
Q

What is malicious communications for?

A

Summary offences 

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53
Q

What is obscene publications under?

A

OPA 1959/1964

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54
Q

What is obscene publications?

A

When an article is published which is obscene

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55
Q

Go through the first stage of obscene publications

what is an article?
Section?

A

S.1
Anything that can convey a message includes sound and picture 

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56
Q

 Go through the first stage of obscene publications

what is something that is published ?

Case?

Section ?

A

S.1 Distributed or circulated , Sold, hired projected

R v Gavin Smith - Can only be one person

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57
Q

Go through the first stage of obscene publications

what is obscene?

What is the MR ?

3 cases ?

A

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

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58
Q

What are the defences to Obscene publications ? Under what section? 

A

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

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59
Q

What is the first section of the online safety act of 2023 ?

A
  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

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60
Q

What are the defences to the online safety act 2023?

A

Person has no reasonable excuse

Summary offence- harm no need to succeed ( happen)

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61
Q

What is the second section under the online safety act ?

What are the three things needed to happen? 

A

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

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62
Q

What is the MR under section 181 under the online safety act 2023?

A

You intentionally or recklessly cause them to fear 

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63
Q

What is a public order under?

A

Public order act

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64
Q

What is under section 1 of the public order act?

What kind of offence is it and how long? 

A

S.1 riot

indictable offence - 10 years imprisonment

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65
Q

What is the actus reus of S.1 riot within the Public order act?

A

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 

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66
Q

What is the MR of section 1 riot under the public order act ?

A

Intend to use violence

or awareness conduct may be violent 

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67
Q

What is the section 2 under the public order act?

A

Violent disorder


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68
Q

What is the section 2 under the public order act?

A

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 

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69
Q

What is the actus reus and mens rea of S.2 violent disorder under the public order act

A

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

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70
Q

What is after S.2 violent disorder under the public order act?

A

S.3 Affray

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71
Q

What is the actus reus and mens rea of s.3 Affray Under the public order act?

A

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

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72
Q

What is after section 3 Affray Under the public order act?

A

S.4 causing fear and provoking violence

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73
Q

What is the actus reus and mens rea under s.4 of the public orders act ?

A

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

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74
Q

What is after S.4 under a public order act?

A

S.4 a - Causing intentional of harassment alarm or distress

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75
Q

What is the actus reus and mens rea of s.4 a ?

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

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76
Q

What is after s.4a under the public order act

A

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

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77
Q

What are the defences for s.4 s.4a and s.5 under the public order act 

A

believe no one would hear 👂
Inside of a dwelling - no one would see 👀
Conduct reasonable

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78
Q

What is third part of for a public order?
First section ?

A

S.11
organisers of an assembly must notify police/ authorities failure to do so is a criminal offence

Key details to be agreed

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79
Q

What is the second part of public order part three? 

A

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
Q

What is the third thing on the public order part three?

A

S.13 - ban an assembly/Protest 

Reasonably believe conditions will not be enough to keep people reasonably safe
Jones v MET - Daily 

81
Q

What is breach of the peace under? Cases ? 

A

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
Q

What is first part of part four for the new public order act 2023? 

How long ? MR?

A

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
Q

What is the second part we can cause serious disruption Under the new public order act 2023?

A

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
Q

What is the 3rd thing after tunnelling under part four of the new Public order act 2023?

Interfere ?

Intent?

Months ?

A

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
Q

What are the two at the parliament under investigatory powers?

What do they allow ?

A

Regulator of investigatory powers act 2000 investigator powers act 2016 - applies for local councils , security services and police -

Allows authorities to investigate people 



86
Q

What do the regulator of investigatory powers act 2000 and investigator power act 2016 give the right to do? - Investigatory powers

Case?

A

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
Q

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

A

Data protection + retention regulations 2018

88
Q

What do you do if you think you’ve been hacked under the investigatory powers?

A

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
Q

What is investigatory powers versus?

A

GDPR - general data protection regulation

90
Q

What did GDPR replace?

A

Data protection act

91
Q

What does GDPR have a duty to do?

A

Duty to protect personal data-

Medical biometric personal data including name bank details

92
Q

What does a breach of GDPR lead to?

A

Significant fine £100 million

93
Q

What are the two articles on the breach of GDPR?

A

Article 4 - data should be freely given and transparent

Article 16 - Allows Erasure

94
Q

What can you request under the freedom of information act?

What is state held info ℹ️ ?

Article ?

A

Any personal data about self

State held info - readily available

Article 8 - protect rights to private life

IPA - goes agains right

95
Q

What sections under stop and search? police powers

A

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
Q

What is after s.1 PACE? Police powers

A

S.1(2) - Public place- finding offensive weapons or drugs

97
Q

What is after s.1 (2) public place? Police powers

A

S.2(9) - can remove A layer of outer clothing- Coat 🧥 and gloves 🧤



98
Q

What is after s. 2 (9) ? Police powers

A

S.1(3) Reasonable suspicion

  • Code 👩‍💻 A - circumstances
    facts
    evidence
    and cannot be based on appearance
99
Q

What section is under process?What is told to the suspect? Police powers 

A

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
Q

What is the acronym for Code A ? GO WISELY ? - Police 👮‍♀️ Powers

A

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
Q

What is after code under process section 2 under police powers

2 section

A

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
Q

What is after section 2 process under the police powers?

A

Arrest

103
Q

What is under arrest under police powers?

2 positive?

Case?

A

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
Q

What is the second thing under arrest?

A

Code G

105
Q

What is under Code G ?

5 things

A

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
Q

What case is under procedure? S.28 PACE

A

Taylor V CC Thames Valley- Inform the person they are being arrested - S.28 PACE 

107
Q

What do police have to do under procedure?

A

Identify self
explain circumstances
explain why they are under arrest

Why arrest is necessary

not free to leave
give the caution

108
Q

What is the quotes said by police when they arrest someone under Procedure?

A

“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
Q

What is under S.30 PACE?Under procedure

A

Take suspect back to the police station as soon as reasonably possible (R v Halliwell)

110
Q

What can police use under Procedure? police powers- Case?

A

DPP v Wood 🪵- Handcuffs

111
Q

What code is used on the procedure?

A

Code G - record all info in a pocket book 🗒✏️-
Time of arrest and giving caution

112
Q

What is after procedure?

A

Arrest with warrant 

113
Q

What is under arrest with warrant

A

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
Q

What is after arrest with warrant?

A

Custody

115
Q

What is under custody? - police powers ?

What section is the custody officer under?

A

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
Q

What is after custody under police powers?

A

Your rights

117
Q

What The first code is under your rights?

A

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
Q

What are the two things you are entitled to under code C?

A

Entitled to an appropriate adult 👩 - learning
Need or under 18

Interpreter

119
Q

What is the code and section under your rights?

A

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
Q

What is after your riggst under police control? 

A

Interviews

121
Q

What are the codes and sections under interviews? Police powers ?

What are the three Cases ?

A

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
Q

What happened before 1998 ?

under how do we enforce ECHR law?

A

Any human right case had to directly go to ECHR

123
Q

What does the human rights act of 1998 tell us?

A

We need to challenge HR cases in domestic courts first



124
Q

What is the route that HR cases now have to take human rights act 1998? - under how do we enforce ECHR law ?

A

HC - COA - SC - ECHR

125
Q

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

A

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 incompetency

126
Q

What do you have to bring under how do we import ECHR Law ?

A

Bring a case - 3 grounds

procedural ultra vires
- (Aylsebury Mushroom 🍄)

Substantive ultra Vires - (Cure + Deely v C+ E)

Proportionality - disproportionate -


127
Q

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 ? 

A

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
Q

What is admissibility criteria under? What protocol under how does the ECHR law work ? 

A

Protocol 15+16

129
Q

What is under protocol 15+16 under admissibility criteria?

A

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
Q

What does the ECHR not have to follow?

A

Precedent 

131
Q

What are the five remedies under how do we enforce ECHR law ?

A

S.4

Compensation

mandatory order- You have to do something

Prohibited order - You have to stop doing something

quashing order - Charges dropped


132
Q

What is article 8?
What do we have to see?

A

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
Q

What things go onto private life?

A

Medical info

relationships

Photos and videos of you

political viewpoints

134
Q

What does article 8 (1) State under article 8 right to private life? 4 cases?

A

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
Q

How is Steinfeld v SS of education a breach of article 8?

A

Civil partnerships- Now the opposite sex

136
Q

What cases come after breach of article 8 Stenfeld V SS of education

A

Mosley V NGI -Reputation

Rooney V Vardy- WAGS
PJS v Newsgroup- children’s reputation
Richard V BBC -Homelife

137
Q

What does family focus on under article 8?

What should they enjoy ?

A

Enjoy uninterrupted relations with family

Wider family networks

138
Q

What does family under article 8 include?

Case? Why no breech ?

A

Marriage 

(Agyarko + Ikuga V ss of home department) - No breech
they could enjoy their relationships in another country

139
Q

What are the three cases under CSER law for family - Corporate Social Environmental Responsibility ? Under article 8?

A

(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
Q

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

A

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
Q

What is correspondence under article 8?

Example ?

A

Uncensored and uninterrupted communication

Digital footprint 👣



142
Q

What are the three cases under correspondence under article 8?

A

(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
Q

How do we structure an article 8 essay?What do we invoke?

A

S.6 under HRA - state or body - Standing

Invoke Article 8 against the state or body for failing to protect her from ***

144
Q

What is Under article 8 [2] restrictions much be in accordance with ?

A

In accordance with the law (UK law must allow restriction)

145
Q

What is AA10 Restrictions are protected by under article 8[2]?

A

Protected by HRA

146
Q

What does law have to be under AA 8 [2] ? case?

A

Law must be clear precise and accessible - (Liberty 🗽 V Uk 🇬🇧 )

147
Q

What is the second stage AA8 [2] restrictions?

A

Law must serve a legitimate aim

148
Q

What are the four aims that must be served under AA8 [2]?

What case has a wide margin of appreciation and why?

A
  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
Q

What is the third Stage AA8 [2] restrictions?

Test? Case and quotes ?

A

Necessary in a democratic society to restrict

proportionality test- (Observer + guardian V UK 🇬🇧 ) pressing social needs

150
Q

What is article 10?

A

The right to freedom of expression

151
Q

What kind of law is it?

A

Qualified - can be restricted

152
Q

What does AA10 [1] protect?
What does the C have to be ? Explain ?

A

Three aspects of expression

Hold opinion

Express ideas or opinions

Received information

Sufficiently impacted

153
Q

What is holding an opinion?- What can it never be? Case? (AA10)

A

Any individual is welcome to their opinion we cannot determine their opinion

CAN NEVER BE RESTRICTED 🚫

  • University - sombrero case - hold opinion of culture
154
Q

What does expressing ideas or opinion to show the freedom of? Case? (AA10)

A

Freedom of press to report an issue in public interest

(Goodwin v Uk 🇬🇧)

(Handyside V UK 🇬🇧)- allowed to shock offend and disturb others

155
Q

What are the two kinds of margins of appreciation under article 10 under expression?

A

Wide - easier for the state to restrict
Narrow - harder to restrict

156
Q

What are the three types of expression under AA10?

2 cases? What is someone in public interest ?

A
  1. Artistic - art 🖼 ,literature , film 🎥 ,clothing - wide

Müller V Switzerland - Fetus as art

Otto Preminger Institute v Austria 🇦🇹

  1. Political- opinions of politics - harder to restrict - narrow

(R v Mair ) (R v McAlpine)- lead to a Criminal offence 🚫

  1. 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
Q

What is the third stage of article 10?

What do you have a right to ? Act ?

A

Received information- right to own information ℹ️- Freedom of information act

158
Q

What can you request under receiving information ℹ️ AA10?

A

Request state held info

159
Q

What case in receiving information in stage three of article 10 give us reasons as to how we can request state held info ℹ️ ?

A

(Magya Helsinki Bitzottsag V Hungary 🇭🇺 )

purpose of request

Nature of info

role of applicant

Available

160
Q

What is AA10[2] Prescribed by?

A

Law 

161
Q

What does Law have to be? Under AA10[2]?

A

Clear and precise - (Lender V Sweden 🇸🇪)
Accessible - (Liberty 🗽 V UK 🇬🇧 )

162
Q

What does AA17 state? What is not allowed ? AA10[2] case?

A

Discrimination - hate speech not allowed
(Garuady v France 🇫🇷)

163
Q

What laws can be in force under AA17?

A

Defamation
obscene
harassment
malicious communications
equality act
MPI
AA8 protected by human rights act
official secrets act
Public order act 

164
Q

What is the second stage to the defence of AA 10[2]?

A

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
Q

What is the third stage of AA10[2]?

A

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
Q

How do we do the introduction for article 8 evaluation?

What kind of law?

A

Right to private ,family and home life as well as uninterrupted correspondence

Qualified meaning it is restricted

167
Q

What does article 8 impose on the state? (Eval) 

A

Positive and negative obligations 

168
Q

What does the introduction for AA8 Eval have?

A

Proportionality

169
Q

What are the three evaluations of the introduction of article 8? 

A
  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
Q

How do we evaluate private life? Eval AA8

What has the ECHR done?

A

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
Q

How do we evaluate family what is there no of ? AA8 Eval

What is there a Changing in scope of?

A

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
Q

Evaluate correspondence - AA 8 Eval

what are states doing more of?

How is this protected ?

Act?

A

 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
Q

What question do it ourselves after Eval of AA8?

A

Should we allow the state to have more powers to track under correspondence

174
Q

What kind of article is AA10 ( Right of expression) under the evaluation?

What should it never be?

A

Qualified can be restricted - expression should never be limited

175
Q

What kind of obligation does article 10 have? (Eval)

What is it state duty to do and avoid?

What do they have?

A

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
Q

What is article 10 right to express at a constant battle with?

Inquiry? What does hacking tell us ?

A

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
Q

what is that a final line of in Eval art 10 ?
What do we have to ban this?

What do courts do?

A

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
Q

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?

A

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
Q

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)

A

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
Q

How do we evaluate risk and threat of online under AA10 Eval?

A

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
Q

How do we evaluate receiving info under article 10?

What is the key criteria for?

Case? Why is it fair ?

Inquiry?

A

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
Q

What is article 11?
What kind of qualified is it? 

A

Right to freedom of assembly - Protest
Qualified

183
Q

What are the three rights under article 11?
What is a breech?

A
  1. Freedom to have a peaceful assembly -

(Appleby V UK 🇬🇧) - public land - could take protest on public land

(Cisse V France 🇫🇷) - Protest 🪧 in church ⛪️

  1. 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

  1. 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
Q

What are the restrictions under article 11? 

A

Prescribed by law and precise -
(Leander V sweden 🇸🇪)

accessible ( Liberty 🗽 v Uk 🇬🇧)

185
Q

What are the two laws and three sections we have under the restrictions of article 11?

A

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
Q

What is stage two for article 11?

A

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 )

  1. Necessary in democratic society- proportionality -pressing Social need- Ezelin V France
187
Q

What kind of right article 11? (EVAL) What does it need? Fundamental for?

A

Qualified rights - needs greater protection fundamental for democracy

188
Q

What kind of obligation on the state does article 11 have? (Eval)

A

Positive and negative obligations on the state

189
Q

What does article 11 having different margins of appreciation Ensure? (Eval)

Case?

A

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
Q

What is paragraph 1/2 under article 11 Eval?

A

Pay for protest 🪧

191
Q

What is paragraph 1/2 under Art 11 Eval

What is it versus?

A

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
Q

What is paragraph 2 under article 11 evaluation?

what do police now have ?

A

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
Q

What is s.14 under article 11 Eval? 

When must it be reviewed?

A

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
Q

What is the Third point under article 11 eval? What is that a Clear battle between?

Example? What is there a Clear rule of ?

A

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
Q

What is the fourth point under article 11?
Act?
What does it limit ?

What can the government do ?

A

Public order act 2023 -Limits right to protest and set offences

originally the government can stop is “annoying”

Shows the intent of government

A-level Law 👩🏿‍⚖️ (16 decks)

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