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Law: Y1 > Constitutional Law > Flashcards

Constitutional Law Flashcards

(84 cards)

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1
Q

S1 PACE

A

Gives the grounds (reasonable suspicion of stolen/prohibited articles)

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2
Q

S2 PACE

A

Gives the extent and notification requirements

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3
Q

S3 PACE

A

gives recording requirements

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4
Q

CODE A

A

states reasonable suspicion can’t be base on personal factors

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5
Q

S24 PACE + S24(5)

A

Arrest powers, must be on reasonable grounds and must be necessary

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6
Q

S28 PACE

A

Must be told fact of and grounds for arrest

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7
Q

Castorina Test

A

must be some objective basis for suspicion

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8
Q

S17 PACE

A

Search power

To make arrest

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9
Q

S32 PACE

A

Search power

premises in at or immediately before arrest

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10
Q

S18 PACE

A

Search power

premises occupied / controlled (need authorisation from inspector)

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11
Q

S19 PACE

A

Search power

Can seize any items discovered during the search that contain any evidence of any offence

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12
Q

CODE B

A

consideration for other residents when searching

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13
Q

Who is responsible for giving rights?

A

The custody officer

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14
Q

S56 PACE

A

detention and questioning

right to have someone notified of arrest (can be delayed by 36 hours if could interfere with investigation

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15
Q

S58 PACE

A

detention and questioning

right to free legal advice, same powers of delay as s56

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16
Q

S60 PACE

A

All interviews are tape recorded under caution

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17
Q

S34 CJPOA

A

inferences can be drawn from no comment if conditions in ARGENT are met

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18
Q

Code C para 11.5

A

can’t indicate what police will do if detainee answers/doesnt answer specific provisions for under 18 detainees - must have appropriate adult present

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19
Q

What articles could be negated by misuse of police powers?

A

Article 8 - right to respect for private family life

Article 5 - right to liberty and security

Article 6 - right to a fair trial

Article 3 Right to not be subject to inhumane/degrading treatment

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20
Q

PACE S76

A

Mandatory exclusion of evidence if obtained by oppression

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21
Q

PACE S78

A

Discretionary exclusion of any evidence if in all the circumstances including those in which it was obtained’ it would be unfair

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22
Q

What must you first consider with PACE S78?

A

consider reliability of evidence first

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23
Q

Two stages of judicial review

A

1) Permission Stage

2) Finding the Grounds

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24
Q

Permission for judicial review

- The decision maker

A

is it made by public body OR a private body exercising public functions? eg Datafin

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25
Permission for judicial review | -The applicant
Applicant must be someone affected by decision (ie victim in Hillsborough) OR another who is bringing challenge for OR an org that satisfies Wordl Development Movement criteria
26
Permission for judicial review | -Timing
Must be prompt - within 3 months of decision complained (CPR54)
27
World Development Criteria
- Represents significant number of persons with standing - has the resources to mount a challenge - public interest
28
Hm Treasury v Ahmed and others
Grounds for judicial review | -Ultra vires --> not a decision at all
29
Barnard v National Dock Labour Board/ Carltona
Grounds for judicial review | -Unlawful delegation
30
Venables
Grounds for judicial review -Relevant/irrelevant considerations -Error of law
31
Wheeler v Leicester City Council/Padfield
Grounds for judicial review | -Improper purpose
32
British Oxygen/ Luton Council
Grounds for judicial review | -Fettering discretion
33
Wednesbury:
The GROUNDS for judicial review: Irrationality of previous decision
34
The GROUNDS for judicial review: human rights
key concept is poportionality
35
Porter v Magill
The GROUNDS for judicial review: procedural Bias
36
Natural justice
The GROUNDS for judicial review: procedural
37
Ridge v Baldwin/ ARTICLE 6
The GROUNDS for judicial review: procedural Fair Hearing
38
Doody
The GROUNDS for judicial review: procedural Reasons
39
Luton Borough Council
The GROUNDS for judicial review: procedural Legitimate Expectations
40
Remedy for HRA Judicial review claim (ordinary)
Injunctions/damages
41
Prerogative remedies for judicial review
QUASHING (as if it never happened PROHIBITIVE (to stop if from happening) MANDATORY (to make something happen)
42
Powers exercisable with a warrant
require permission from a court generally magistrates
43
Discretionary Power
Available to the individual police officer (sometimes subject to supervision by a superior) WITHOUT prior authorisation from a court
44
Statutory powers
Parliament delegates powers to police officers in various statutes
45
codes of practice
DELEGATED (secondary) legislation that provides detail about HOW power should be exercised
46
Rice v Connolly [1966] 2 All ER 649
No general duty to help the police
47
S.29 PACE
no power to detain for questioning short of arrest
48
What percentage of stop and searches were unlawful?
27%
49
Christie v Leachinskey [1947] 1 All ER 567
Must be informed of the fact of arrest and grounds, failure to do so makes the arrest unlawful
50
Buckley v Chief Officer of the Thames Valley Police [2009] EWCA Civ 356
“Suspicion is a state of mind well short of belief and even further short of a belief in guilt or that guilt can be proved.”
51
S.117 PACE
Police officer may use reasonable force when carrying out their duties
52
Remedies for misuse of power
- Informal complaint - Civil action - Defence to specific criminal charges - Human rights - Exclusion of evidence
53
The role of the custody officer
- Authorise detention | - Responsible for conditions of detention
54
Time limit for detention
24 hours PACE s41 +12 Authorised by superintendent s42 +further 60 by warrant of further detention s43/44
55
Review of detention
By inspector after 6 hours, then every 9 hours s.40
56
Condron v UK (2001) EHRR 31)
Reliance on legal advice will not prevent adverse inference
57
Vulnerable detainee
Custody sergeant must secure medical attention if needed must have appropriate adult to accompany a minor or vulnerable adult
58
R v Paris (Anthony) (1993) 97 Cr. App. R. 99
Oppression to gain confession will be disregarded
59
R v Khan [1997]AC 558
Illegal surveillance
60
R v Chalkley [1997] EWCA Crim 3416
Illegal recording
61
A-G’s Reference (No. 3 of 1999) [2000] UKHL 63
Illegally retained DNA
62
Plunkett [2013] EWCA Crim 261
“Noble cause corruption”
63
R v Howe (2013), Newcastle Crown Court unreported
Ends can justify the means
64
R (Conway) v Secretary of State for Justice [2018] EWCA Civ 143 at 179:
The purpose of admin law Balancing politics & the constitution with requirements of the rule of law:
65
W (Children) [2010] UKSC 12
the hardest cases to decide come in the arena of balancing different rights...
66
R (on the application of Luton Borough Council) v Secretary of State for Education [2011] EWHC 217 (Admin)
sometimes unfairness must be rectified, regardless of the politics of a decision.
67
HM Treasury v Ahmed and others [2010] UKSC
the 'principle of legality' is crucial...
68
R (Hurley & Moore) v Secretary of State for Business, Innovation and Skills [2012] EWHC 201 (Admin)
'administrative chaos' is something the courts are very wary of...
69
R v Parliamentary Commissioner for Administration, ex parte Dyer (1994).
Traditionally, matters of public high policy are determined by the executive and not the courts
70
Council for Civil Service Unions v Minister for the Civil Service (1985) (GCHQ).
Courts will be cautious in examining exercises of the royal prerogative in particular national security
71
R v Secretary of State for Foreign and Commonwealth Affairs, ex parte Rees-Mogg (1994).
the courts will not consider whether the executive’s prerogative of treaty-making has been exercised unlawfully
72
R (Miller) v Secretary of State for Exiting the European Union [2017] UKSC 5
Can challenge the prerogative
73
Dimes v Grand Junction Canal Co (1852) 3 HL Cas 759
The mere existence of any financial interest in the decision will constitute unlawful bias. Held shares in the company he was ruling on
74
Test for bias
‘the fair-minded and informed observer, having considered the facts [relating to an allegation of bias], would conclude that there was a real possibility that the tribunal was biased’”
75
R v North and East Devon Health Authority, ex p. Coughlan [2001] QB 213
Consultation must be carried out properly if started
76
RIPA s.26
applies to directed/covert/intrusive and human intelligence
77
Directed surveillance
covert but not intrusive
78
Intrusive surveillance
In any private premises/vehicle either by human or device
79
covert human intelligence
source creates a relationship for a purpose the other party is unaware of to facilitate conduct and/or obtain information
80
RIPA S.65
Investigatory Powers Tribunal Closed material proceedings No duty to give reasons No right of appeal
81
R v Loosely [2001] UKHL 53
The role of the courts is to consider whether the conduct of an undercover officer did more than offer an opportunity to break the law
82
Osman v Southwark Crown Court [1999] COD 446
s2 PACE does apply to searches under s60 of the Criminal Justice and Public Order Act 1994
83
R (on the application of Roberts) v Commissioner of Police for the Metropolis [2014] EWCA Civ 69
Court of Appeal found that a search under s60 Criminal Justice and Public Order Act did not infringe the claimant’s convention rights
84
s60 of the Criminal Justice and Public Order Act.
If a senior officer believes an area is under risk of serious violent crime they ca authorise random stop and search

Law: Y1 (6 decks)

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