Article 5

Question 1

What does a Qualified right mean?

Answer 1

It is a right when under certain circumstances can be interfered with.

Question 2

When can a qualified right be interfered with?

Answer 2

In situation slike the prevention of crime, conviction, national security or mental health.

Question 3

What makes an interference with a qualified right lawful?

Answer 3

The interference needs to be based on a law (I.E the PACE Act) which is free and accessible to everyone affected.

Question 4

What should the interference be done for?

Answer 4

It should be to achieve a legitimate aim. (like preventing crime)

Question 5

How must the interference be implemented?

Answer 5

In a proportionate way such as trying to be reasonably quick, like when using the power of stop and search.

Question 6

When is it considered a deprivation of liberty?

Answer 6

If the claiment is under continuous supervision and isn’t free to leave

Question 7

What case defines the deprivation of liberty

Answer 7

Chester

Question 8

(Tailering to the question) (TQ) - What law and code covers the power to stop and search?

Answer 8

s.1 PACE and Code A

Question 9

TQ - Stop and Search
when can a stop and search only take place?

Answer 9

If the police have reasonable suspicion of the person who might have stolen items or offensive weapons.

Question 10

TQ - S&S
What must the police do before conducting a S&S?

Answer 10

The police must identify themselves, give or show their number.

Question 11

TQ - S&S
What are the only items of clothing the police can ask you to remove in a S&S in the public?

Answer 11

The jacket, outer coat and gloves.

Question 12

TQ - S&S
What cannot be the reasons to conduct the search?

Answer 12

Because of the claiments: Disabilty, race, identifiers (gang symbols or tattoos), or if the claiment has previous convictions or if the police know of them (like the sibling of a criminal)

Question 13

Whta does CJPOA stand for?

Answer 13

Criminal Justice and Police orders Act

Question 14

What does s.60 of CJPOA grant?

Answer 14

An extension of the powers to stop and search for a certain amount of time and in certain areas. It gives the police extended power in anticipation of violence.

Question 15

Who must authorise a s.60?

Answer 15

A senior officer

Question 16

Under a s.60 what do the police no longer need to conduct a stop and search?

Answer 16

Reasonable suspicion about the person they stop.

Question 17

What can the police ask for the removal of under a s.60?

Answer 17

Any face coverings which hide the persons face, even if they are religious.

Question 18

When can the police conduct a S&S in relation to terrorism?

Answer 18

If the police have reasonable suspicion of terrorist activities as stated in the Terrorism Act 2000

Question 19

What is Kettling?

Answer 19

It is when the police crowd people into a designated area, and keep them there to ensure there is no violence taking place.

Question 20

What is a key case used for describing kettling?

Answer 20

Austin

Question 21

With kettling what does this key case outline?

Answer 21

Austin outlines the fact that the kettling can last as long as is necessary. It also says that there is no backlash if innocent people are swept up into it.

Question 22

When is Kettling normally used?

Answer 22

It is used in times of protest or riot

Question 23

When can the police use force?

Answer 23

Only if it is necessary

Question 24

There is a point about photos, but ask Sharon to recap this point

Question 25

Can police take pictures of someone without their consent?

Answer 25

Yes

Question 26

Can the police force you to pose for the picture?

Answer 26

The police can take photos publicly but they cannot pull the person aside and force them to pose for a picture.

Question 27

What is the key case to do with the police forcefully taking your photo

Answer 27

Mengesha

Question 28

TQ - Arrest What test needs to be met in order for the police to arrest you?

Answer 28

Necessity test

Question 29

TQ - Arrest What is the necessity test?

Answer 29

The police must consider whether the arrest will prevent harm or prevent the suspect from disappearing

Question 30

TQ - Arrest What law discusses arrests?

Answer 30

s.26 of PACE

Question 31

TQ - Arrest What does Code G state that police have?

Answer 31

Discretion to arrest

Question 32

TQ - Arrest What must be the cell conditions when you are arrested?

Answer 32

Warm, ventilated and well-lit.

Question 33

TQ - Arrest What are the timings for how long you can be held at the police station?

Answer 33

You can be held for 24 hours normally before a senior officer can allow for more time for you to be detained. But there must be good reason for your detention time to be increased.

Question 34

TQ - Arrest How long can they withhold a phone call or a solicitor? why?

Answer 34

36 hours. But they must provide good reason like the destruction of evidence (by people who knew you had been caught)

Question 35

TQ - Police Custody What code does Code C cover?

Answer 35

Searched and questioning in detention at the police station

Question 36

TQ - Police Custody What can the police perform without consent?

Answer 36

Any non-intimate samples (which aren't taken from inside you, all apart from mouth swabs) and any searches (both non - intimate and intimate (strip search) )

Question 37

TQ - Police Custody What is an intimate sample test?

Answer 37

When the police need DNA evidnce which can only be taken form inside you.

Question 38

TQ - Police Custody What are the requirements for the police to carry out an intimate test?

Answer 38

It needs to be done by a medical professional and with permission, either from the suspect or by a court.

Question 40

TQ - Mental Health What does there need to be for there to be a lawful deprivation of A.5?

Answer 40

A diagnosed disorder

Question 41

TQ - Mental Health What needs to happen when the claimant is kept under deprivation?

Answer 41

Regular reviews to see if C still needs to be there.

Question 42

TQ - Mental Health What does there need to be a link between?

Answer 42

Condition and institution

Question 43

TQ - Mental Health What does the link between condition and institution mean?

Answer 43

That C must be sent somewhere which can care for C's needs. For instance, if C has PTSD c needs to be sent somewhere which can deal with PTSD

Question 44

TQ - Mental Health What type of environment does there need to be for C while deprived?

Answer 44

A therapeutic environment. This is where the claimant can be looked after and have their needs cared for.

Question 45

TQ - Mental Health How long are you forced to stay in a mental institute? Why?

Answer 45

72 hours. To ensure that the person is safe to let back into society, so that they are not a danger to others or themselves.

Question 46

TQ - Mental Health Does the time you are forced to stay in a mental hospital change of you handed yourself in or the police did?

Answer 46

No

Question 47

TQ - Mental Health What is lawful with the deprivation of liberty in this context?

Answer 47

A cautious release