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law- human rights (carry dis von on) > human rights in english law > Flashcards

human rights in english law Flashcards

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1
Q

what is 2 examples of this in police powers

A

Article 5 – Liberty and Security

Article 6 – Fair trial

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2
Q

whats an example of this in interception and communication

A

Article 8 – Private and Family Life

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3
Q

whats 2 examples of this in duty of confidentiality

A

Article 8 – Private and Family Life

Article 10 – Freedom of Expression

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4
Q

what articles are relevant for police powers

A

article 5 and 6

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5
Q

what is this for

A

stop and search
(evidence, detention and arrest too but do that in a sec)

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6
Q

what sections of what act are needed

A

s.1-2 PACE

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7
Q

what powers does this provide

A

 power to search vehicle or person to detain them for the search

 used to look for stolen or prohibited items

 must have reasonable grounds for suspecting they will find such an item- objective test

These grounds must exist prior to stopping the suspect

These cannot be based upon personal factors but instead behavior/ intelligence (description of suspect) must be in a public place

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8
Q

what are the 2 special circumstances

A

blanket search order for a particular area where there is a reasonable belief that serious violence may occur or offensive weapons may be found

s.44 terrorism act- senior office to make random stops and searches in an area for a specific perio

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9
Q

what case tells us people dont need to answer questions

A

Rice v Connolly

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10
Q

what does S.2 PACE state

A

the search is unlawful unless the officers gives:

their name, number and station, and the reason they’re carrying out the search

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11
Q

what is needed for ‘arrest’

A

the magna carta states you cant be imprisoned without trial

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12
Q

what is an exception situation

A

S.24 police can arrest without a warrant where someone is about to commit an offence, or is in the process of committing an offence, or they have just committed an offence, or the officer has reasonable grounds to believe any of those

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13
Q

what does S.28 PACE state

A

 person being arrested must be told they are being arrested and the grounds for the arrest- otherwise they can sue for false imprisonment (christie)

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14
Q

what are the rights on arrest

A

Right to legal advice (s.58)

Right to have someone informed about their arrest (s.56)

They also have the right to consult the codes of practice so they’re aware if their rights

Right to have their arrest reviewed by a custody officer too

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15
Q

what happens if legal advice is denied

A

case may be thrown out of court and no conviction will be possible – no matter how serious the crime
R v Samuel

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16
Q

what are the 2 reasons evidence may be excluded

A

Confessions obtained by oppression (S.76 PACE)
Evidence obtained unfairly(S.78 PACE)

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17
Q

detention:
what may the right to remain silent lead to with the jury

A

‘adverse inference’

In other words- they ask why an innocent person would remain silent

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18
Q

whats the pre charge detention process

A

 initial interviews = 24 hours

 senior police officer can extend to 36 hours to indictable offences

 magistrates can then extend up to 96 hours maximum

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19
Q

what are the 2 relevant periods of time

A

The Arrest Period:
should be brought before the court promptly- which brogan v uk said was 4 days (PACE is in line with this)

Pre-trial or remand period:
under article 5(3) the date set for a court trail must be within a reasonable time- depending on the complexity of the case

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20
Q

what article is interception and communications relevant for

A

article 8

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21
Q

whats the case for this

A

halford v uk

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22
Q

who sets out the initial framework for reg of surviellance

A

Regulation of Investigatory Powers Act 2000 (RIPA)

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23
Q

you can grant authorization of the interpretation is…

A

necessary
proportionate
in the interests of national security
in the interests of detecting serious crime
in the interest of the economic wellbeing of the UK

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24
Q

what is RIPA

A

Gathers together all powers relating to agencies who collect communications data

Includes a “double-lock” so that any interception of communications has to be doubly authorised to
prevent abuse of power

Needs to be approved by both a judge and the Secretary of State

allow government to hack and access all citizens internet and mobile phone data – without the need for any reasonable suspicion of offences

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25
what was created after this
office of Investigatory Powers Commissioner
26
what is this
explains the main functions of the Commissioner, which are to: *Understand the obligation placed on public servants not to disclose sensitive information (e.g. Official Secrets Act) *Understand that this can create a tension between the duty not to disclose and the human rights obligations
27
what is the official secrets act
Specific groups of public servants have a legal duty not to share information they come across at work. This includes the security services, defence, international relations, crime and special investigations. These people cannot rely on article 10 freedom of expression in relation to this information
28
what is the investigatory powers tribunal
Not part of the normal courts or tribunals system *Exists to allow challenged to the covert operations of the security services and police *Usually a paper exercise instead of an oral hearing *No further appeals possible under domestic law *Further appeal may be possible to the ECHR
29
what articles is breach of confidentiality relevant for
articles 8/10
30
what are some possible actions
If information has not yet been shared but is being threatened to be shared, an injunction can be put in place to prevent the information being shared Once the information has been shared, compensation may be payable to the claimant instead
31
what must be proven for a successful claim
*It must have a ‘quality of confidence’ *It can arise within an employment contract *It must be used in an unauthorised way *The claimant must suffer a detriment from the use of the information
32
what are the defenses that can be claimed
*Information is already in the public domain *Information was not confidential *There is a public interest in the disclosure (whistle-blower’s defence)
33
case to put somewhere idk bro soz i love you
HRH Prince of Wales v Associated Newspapers 2006
34
unauthorised info based on a rs
Duchess of Argyll v Duke of Argyll 1967
35
what should the court consider
significance of the claimant’s public profile- Campbell v MGN 'wrongful disclosure of private information’ - McKennitt v Ash 2006 ‘balancing exercise’ based on an ‘reasonable expectation’ of privacy- Von Hannover
36
what article is relevant for obscenity
article 10- includes the right to shock, disturb or offend – however there are laws against this in the UK
37
what act is needed
Obscene Publications Acts 1959, s.1
38
what does ts state
an item that has the effect of tending to deprave and corrupt persons likely to read, hear or see it Deprave means to make morally bad, or to debase, or to pervert or corrupt Can be applied to a range of different forms of media
39
what can be used as a defense
S.4 OPA 1959: “matter to be read or looked at or both, any sound record, and any film or other record of a picture or pictures”
40
whats a case to back ts
Handyside v UK
41
where are there tighter restrictions
“making a gain” (making money) from obscene materials Obscene Publications Act 1964
42
theatres act
similar definition of obscenity to plays and performances
43
broadcasting act
similar rules of obscenity apply to live broadcasts
44
S.63 Criminal Justice and Immigration Act 2008
Possession of extreme pornographic images
45
what else is there a common law offense on
outraging public indecency
46
what case created ts
shaw v dpp
47
what article is relevant for tort of defamation
article 10
48
what is this
when someone lies about another in an attempt to damage their reputation
49
what are the 2 types of defimation
libel and slander
50
libel meaning
permanent form so could be written or broadcasted
51
slander meaning
spoke, or through conduct or gestures
52
what are the 3 elements of defamation
 statement is defamatory meaning an ordinary person would think less of the claimant as a result  identifies or refers to the claimant  published to a third party
53
what does the defamation act 2013 state
show serious harm resulting or likely to result from the statement slander claim requires 'special damage' which means financial losses 
54
what are the 2 exceptions for slander to succeed without special damages
If the statement claims that the claimant has committed a criminal offence which is punishable by imprisonment (e.g. “X is a thief”) If the statement is intended to ruin someone’s profession, career, position in office, calling, trade or business (e.g. “X is a doctor who is always amputating the wrong limb”)
55
what are the defenses
truth honest opinion public interest to publish internet defenses privilege
56
truth explained and act
s.2 Defamation Act 2013  d has the responsibility to show that the statement is substantially true
57
honest opinion act and explained
s.3 Defamation act could have been held by any honest person based on the facts which existed at the time the statement was made
58
Public interest to publish
(s.4) – statement has to be on a matter of public interest, AND D attempted to verify truth and gave C a chance to comment
59
internet defenses
S.5 operator of the website cannot be sued if they can show they didn’t personally post the statement on their website  however if it is proven that they became aware of the statement and didn’t remove it or if the original poster of the statement cant be identified then the defense will not apply
60
what are the 2 types of privileges
absolute and qualified
61
a meaning
clear public policy reasons why freedom of speech should not be limited such as:  judicial privilege: statements made in court proceeding or proceedings with judicial characteristics (e.g tribunals)  parliamentary privilege= statements made in parliament or parliamentary papers  reports on court proceedings  statements made by an officer to another in line of duty
62
q meaning
Covers publication of any fair and accurate reports on matters of public interest, such as:  a public inquiry  reports from international courts or international organisations around the world  reports of UK public companu general meeting or company reports  peer reviewed statements made in academic or scientic journals
63
what article is relevant for harassment
6
64
act relevant
Protection from Harassment Act 1997
65
whats this defined as
Defined as causing another person alarm or distress. Designed to deal with stalking – both civil and criminal actions
66
what section is needed
s.3
67
what are the 2 criminal offences
Pursuing a course of conduct amounting to harassment (can be speech or actions but needs to have happened on at least two occasions) Putting the victim in fear of violence
68
whats the criminal punishment
Both summary offences with max. 6 months sentence (s.2)
69
whats the civil remedy
compensation or injunctions (Majrowski – bullying)
70
what act is needed for communication
Malicious Communications Act 1998
71
what does this include
Offence of sending any malicious communications to another – includes letter or electronic communication Content must be: Indecent or grossly offensive; a threat; false or believed to be false by the sender; lead to distress to the recipient or any other person
72
what articles are relevant for public order offences
10/11
73
breach of the peace meaning
Allows police to arrest to prevent unlawful violence to people/property
74
whats the case for ts
r v howell
75
what does this state
allowed if there is 'harm done or likely to be done to a person or in his presence to a property
76
whats the section for riots
s.1
77
what does this state
12 or more people threatening or using unlawful violence for a common purpose  this would cause a person of reasonable firmness to fear for their safety
78
violent disorder section
 s.2
79
what does ts state
at least 3 people use or threaten unlawful violence This would cause a person of reasonable firmness to fear for their safety 
80
affray section
s.3
81
what dies ts state
 a person uses or threatens violence to another  This would cause a person of reasonable firmness to fear for their safety  For affray a specific threat to someone required not to the public at large
82
fear or provocation of violence section
s.4
83
what does ts state
 threatening, abusive or insulting words or beh with the intention of causing another to believe that immediate unlawful violence will be sued against them or by any person
84
Intentional Alarm, Harassment or Distress section
s.5
85
what does ts state
can be by threatening abusive or insulting words or behaviour or display any writing sign or other visible representation with is threatening, abusive or insulting
86
what act is needed for illegal forms of assembly
public order act or criminal justice and order act
87
s.61
removal of trespassers
88
s.63
remove from land if a rave is happening (and s.65 power to move on anyone within 5 miles of a rave)
89
s.68
aggravated trespass (attempting to disrupt, obstruct or stop an activity the landowner is carrying out – e.g. hunters, boycotters – DPP v Chivers) police have power to remove (s.69)
90
s.77-78
unauthorised campers can be removed, includes sleeping in car
91
article needed for tort of trespass
article 11
92
what is this
Alongside offences in the Public Order Act there are also civil remedies for trespassers.
93
what case is needed
Appleby v UK
94
what does this case state
no right to protest on private property.
95
trespass definition
unlawful and unjustifiable intrusion onto someone else’s land.
96
what is considered trespassing
only needs to place “half of his foot” onto land to be a trespass.
97
what case tells us this
Ellis v Loftus
98
what does this include
privately owned woodland (Drury) university campus buildings (Djemel).
99
what are the requirements
Direct interference Voluntary interference Awareness of trespass No harm or damage is needed Legal justifications (like a right to enter tyep shii)
100
whats the rule for airspace
trespass can only happen to a height that is used for usual enjoyment of land (Bernstein)

law- human rights (carry dis von on) (16 decks)

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