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midweek and saturday learning > Human Rights > Flashcards

Human Rights Flashcards

1
Q

When did Human Rights Act recieve Royal Assent and when did it officially come into force

A

Royal Assent- Nov 1998

In to force on 2nd Oct 2000

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2
Q

What was the purpose of the Human Rights Act (1998)

A

To incorporate the articles of the European Convention in to UK law

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3
Q

Potential negative impact of HRA 1998

A

Creates loopholes for terrorist and criminal to exploit to avoid being extrodited or imprisoned.

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4
Q

What are the 3 stages of trial agenda and why is it important

A

Stage 1: Evidence
Stage 2: Powers and policy
Stage 3: Decision making

Trial agenda is vital in ensuring police are accountable for their actions. Also shows the process with which we act. We collect all the evidence we can find, irrespective of whether or not it supports our case (we are impartial and want complete truth) and then we decide what powers and policies to use/follow to ensure we act lawfully.

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5
Q

What evidence must be declared in an investigation

A

All evidence, irrespective of whether or not it supports our case. We must be impartial and declare all evidence found.

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6
Q

If PACE or the HRA are broken then we will act _

A

Unlawfully

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7
Q

What does PACE state is required in order to stop and search someone

A

Must have legitimate reason (reasonable grounds) to suspect person is in possession of stolen articles or objects they are searching for (ie murder weapon)

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8
Q

If a murder weapon is found during an unlawful stop and search can thsi evidence be used in court?

A

No, it becomes admissable and can NOT be used to prosecute

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9
Q

What does PACE stand for

A

Police and Criminal Evidence Act (1984)

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10
Q

When was PACE intorduced

A

1984

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11
Q

What is the name of the Convention issued after WW2 that set out various ‘articles’ to protect civil liberties

A

The European Convention For The Protection of Human Rights and Fundamental Freedoms

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12
Q

When was The European Convention For The Protection of Human Rights and Fundamental Freedoms drafted

A

1950s

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13
Q

What was the aim of The European Convention For The Protection of Human Rights and Fundamental Freedoms

A

The convention’s pronciples, set out various ‘articles’, protect most, but not all, civil liberties from unjustified interference by the state

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14
Q

What right did people recieve in 1966 w/ regarded to Human Rights. Why was this flawed

A

Individuals given right to take alleged breaches to European Convention to European Court in Strassburg.
Location meant trip was far too expensive for majority of population therefore not really able to challenge breaches of their HRs.

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15
Q

Purpose of HRA (1998)

A

Puts conventions articles into UK law so that breaches can be dealt w/ in UK courts.

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16
Q

Why is there no article 1 or 13 in the HRA act (1998)

A

By creating the HRA (1998), these articles are achieved.

Is NOT because people think number 13 is unlucky

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17
Q

What is article 2 of The European Convention For The Protection of Human Rights and Fundamental Freedoms

A

Right to life

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18
Q

What is article 3 of The European Convention For The Protection of Human Rights and Fundamental Freedoms

A

Prohibition of torture

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19
Q

What is article 4 of The European Convention For The Protection of Human Rights and Fundamental Freedoms

A

Prohibition of slavery or forced labour

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20
Q

Does article 4 of the HRA act (prohibits slavery and forced labour) refer to community service or unpaid overtime

A

No! Community service is not forced, there is another option of a prison sentence. Unpaid overtime is also not forced, you can quit the job or leave and risk being sacked.

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21
Q

What is article 5 of The European Convention For The Protection of Human Rights and Fundamental Freedoms

A

Right to liberty and security

22
Q

What is article 6 of The European Convention For The Protection of Human Rights and Fundamental Freedoms

A

Right to a fair trial

23
Q

What is article 7 of The European Convention For The Protection of Human Rights and Fundamental Freedoms

A

No punishment without law

24
Q

What is article 8 of The European Convention For The Protection of Human Rights and Fundamental Freedoms

A

Right to a private and family life

25
Q

What is article 9 of The European Convention For The Protection of Human Rights and Fundamental Freedoms

A

Freedom of thought, conscience and religion

26
Q

What is article 10 of The European Convention For The Protection of Human Rights and Fundamental Freedoms

A

Freedom of expression

27
Q

What is article 11 of The European Convention For The Protection of Human Rights and Fundamental Freedoms

A

Freedom of assembly and association

28
Q

What is article 12 of The European Convention For The Protection of Human Rights and Fundamental Freedoms

A

Right to marry

29
Q

What is article 14 of The European Convention For The Protection of Human Rights and Fundamental Freedoms

A

Prohibition of discrimination

30
Q

What are the 3 categories of Rights

A
  1. Absolute
  2. Limited
  3. Qualified
31
Q

Define an absolute right

A

A right with which the state cannot interfere, even if it is in public interest

32
Q

Define a limited right

A

Such rights can be restricted or witheld under explicit or finite circumstances

33
Q

Define a qualified right:

A

General public interest can be taken into account, allowing the state to interfere.

State can interfere with these rights when it is in public interest

34
Q

Which 4 articles are absolute rights

A

Article 2- right to life
Article 3- prohibition of torture
Article 4- prohibition of slavery and forced labour
Article 7- No punishement without law

35
Q

Whixh 3 articles define limited rights

A

Article 5- Right to liberty and security (arrests go against this)
Article 6- Right to a fair trial
Article 12- Right to marry

36
Q

Which 5 articles define qualified rights

A

Article 8- right to a private or family life
Article 9- Freedom of thought, consceince and religion
Article 10- Freedom of expression
Article 11- Freedom of assembley or association
Article 14- Prohibiton of discrimination

37
Q

On average how many ASB incidents are required before a victom makes 1st police call and how many more incidents occur between each call thereafter

A

30 ASB incidents before 1st police call

30 more incidents between each call.

38
Q

How does article 2 (right to life) affect the police

A

Police are onligated to preserve life and can take life to prevent loss of other or own life as long as there is threat of imminent harm/death.
Right to life trumps all, including investigation so can enter crime scene and mess uo evidence if chance to save/protect life

39
Q

How does article 3 (prhohibtion of torture) affect police

A

Can be things like incorrect use of cuffs or not allowing toilet use

40
Q

Definition of torture

A

Unwarranted, unjustifiable treatment

41
Q

How does article 7 (no punishment without law) affect police

A

We are impartial. We present all evidence found and do not allow personal biases to affect our investigation and we do not act on emotions. Only legal system can punish people.

42
Q

Why is article 12 (right to marry) a limited right

A

Are restrictions
Eg can’t marry animals, objects, children, immediate family. People already married
Police can not marry criminals

43
Q

Why is article 6 (right to fair trial) a limited right

A

Law states wmust be granted a fair trial, BUT do not always have the right to a trial. Appeals can only occur if doubt/scrutiny is cast on original hearing (eg new evidence or faulted policies/procedures)

44
Q

Why is article 9- Freedom of thought, conscience and religion

A

Can’t tell people what to think or dictate their religion/beliefs.
Line is drawn at the law.
For example with Islamic extremism- can’t stop someone thinking a certain way or believing a religion.

45
Q

Whu is article 11 (assmebley and association) qualified

A

Have right to protest but can stop people protesting if breaking law and can stop them doing it in certaina areas if they are choosing a place to provoke or harm someone/ a group of people. Eg anti-Hilal protest near a mosque.

46
Q

Why is Article 10 (expression) a qualified right

A

Public Order Act.
Can’t express self in a disorderly fashion.
Example: Abu Hamzer

47
Q

Examples of public authorities

A
  1. Court or tribunal
  2. Any person certain of whose functions are function of a public nature (eg police, hospitals, armed forces, transport system, transport system, private contractors carrying out a public function)
48
Q

Principles of The European Convention For The Protection of Human Rights and Fundamental Freedoms

A 
Proportionate
Legality
Accountanility
Necessity
Scrutiny
Ethical

Plan or plans or plane

49
Q

How can victims use the Convention in court

A

As a:

  1. Defence
  2. Basis of an appeal
  3. Seek judicial review
  4. Bring civil proceedings for damages
50
Q

What can be caused by victims using the Convention in court

A
  1. Can see proceedings stalled for abuse of process
  2. Evidence ruled inadmissable
  3. Indictments abd convictions quashed
  4. Compensation awarded (where court is able to do so)

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