final boss Flashcards
(30 cards)
What is required for a lawful stop and search in England?
Reasonable suspicion based on objective facts, meaning the officer must rely on observable evidence or intelligence, not on stereotypes or instincts. Importantly, refusal to answer questions like identity or whereabouts alone cannot justify a search or arrest.
What are the tests for reasonable suspicion in England?
There are two: (1) Subjective test — the officer must genuinely suspect involvement in a crime, and (2) Objective test — a reasonable person in possession of the same facts would also suspect. Both are required to legitimize action.
Under Dutch law, what does nervousness mean for suspicion?
Nervousness alone does not equal reasonable suspicion. Dutch law (Article 27 Sv) demands objective facts and circumstances suggesting guilt, such as behavior linked to criminal conduct, not just anxious demeanor.
When can German police conduct a body search on a non-suspect?
Only with the individual’s consent and if verifying the person’s identity is essential to the investigation. The principle of proportionality must also be respected; the search must be a last resort.
What is the difference between intimate and non-intimate samples in English law?
Intimate samples (e.g., blood, semen) require consent and senior officer approval, and can only be taken by a medical professional. Non-intimate samples (e.g., mouth swabs, hair) can be taken without consent or special approval.
Can undercover agents commit crimes under Dutch law?
Yes, under Article 43 DCC, they may commit crimes under official instruction to maintain cover. However, they are strictly forbidden from inciting others to commit new crimes.
Can German undercover officers commit crimes?
No. German law prohibits officers from engaging in real crimes. They may only simulate illegal behavior. This limits infiltration of certain groups but preserves legal boundaries.
What was the AKBAY case about?
The ECtHR found that Germany violated Article 6(1) ECHR by inducing a suspect into a more serious drug deal than originally suspected, compromising the fairness of the trial. Provocation made the trial unfair.
What is required for telecom interception in Germany?
Judicial approval, suspicion of a serious listed crime, proportionality, and proof that less intrusive methods have failed. It must also follow strict time and renewal conditions.
What is the double-lock in England for interception?
A system where both the Secretary of State (e.g. Home Secretary) and a Judicial Commissioner must approve an interception warrant. Designed to ensure necessity and proportionality.
What is the max duration for telecom interception in Germany?
Initial authorization lasts 3 months. It can be extended with new justification. Every extension must reassess the lawfulness and necessity of continued interception.
What triggers pre-trial detention in the Netherlands?
Serious suspicion (stricter than RS), plus a valid ground such as risk of flight, risk of reoffending, or obstruction of justice. Detention must also be proportionate and aligned with anticipated sentence (Art. 67a Sv).
What is the anticipation principle in Dutch law?
Judges must estimate the likely sentence. If it’s shorter than the expected detention, remand is not allowed. This ensures proportionality.
What does ECtHR say about prolonged pre-trial detention?
As time passes, authorities must provide more convincing justifications. Initial reasonable suspicion is not enough forever. Courts must also consider alternatives (Buzadji v Moldova).
What are valid ECtHR reasons for detention?
(a) Flight risk, (b) Obstruction of justice, (c) Risk of reoffending, and (d) Risk of public disorder. Each must be supported with individual-specific facts.
When must a suspect appear before a judge in England?
Within 24 hours of arrival at the station. In exceptional cases, up to 96 hours with proper extensions (PACE Sections 41–44).
What does Article 5(3) ECHR require?
Judicial oversight of detention must be prompt. The Brogan case held that over 4 days and 6 hours breaches this rule, even in terrorism cases.
What is a flagrant offense in Dutch/German law?
An offense being actively committed or just finished. Justifies warrantless arrest. However, there must be close temporal and spatial connection to the crime.
What is the Zaichenko principle?
Right to silence and lawyer begins not with formal charge, but once a person’s legal position is substantially affected (i.e. reasonable suspicion exists).
What is required for a waiver of silence/right to lawyer?
The waiver must be explicit, informed, and voluntary. The person must understand the consequences and have been cautioned.
What are Beuze fairness factors?
9 key factors including: suspect vulnerability, quality/reliability of evidence, ability to challenge, presence of safeguards, and public interest. All weigh into trial fairness.
What is the English rule on silence (CJA 1994 s.34)?
If the accused fails to mention something in questioning and later raises it as a defense, courts may infer guilt (ambush defense). Only applies if silence is unreasonable.
When can a lawyer be excluded under Dutch law?
If urgently necessary to prevent serious harm to life, physical integrity, or the investigation. Decision must be justified in writing (Art. 28e Sv).
What must a Dutch lawyer do at interrogation?
Be present to advise and ensure rights are protected. Cannot disrupt or answer on behalf of the suspect. Limited intervention is permitted.
