Impact on English Law Flashcards
(46 cards)
Which two pieces of English legislation can come into contention with Article 2 and why?
The Abortion Act 1967 - legalises abortion for up to 24 weeks, however twins in Scotland were born prematurely at 23 weeks and both survived
The Suicide Act 1967 - made it illegal to “aid, abet, counsel or procure” the suicide of another
What was the outcome of R (Purdy) v DPP?
The publication of the prosecuting policy ‘Encouraging or Assisting Suicide’ in February 2010 made the law about assisted suicide in the UK clearer.
What act allows mentally ill people to be forcibly detained if they pose a danger to themselves or others?
The Mental Health Act 1983
Where are stop and search powers set out?
ss1 and 2 of PACE 1984
What are the conditions of stop and search?
The police have the power to search people or vehicles, if they have reasonable grounds for suspecting they will find stolen or prohibited items and these reasonable grounds must exist before the person is stopped and must be based on intelligence and not personal belief or the suspect’s behaviour.
What statute allows the police to arrest a suspect without a warrant if they are about to commit an offence, are committing an offence or the officer has reasonable grounds to believe that they are going to or have already committed an offence?
s24 PACE 1984
What are the two aspects of a lawful arrest?
- A police officer knowing/having reasonable grounds to suspect someone of an arrest
- A police officer having reasonable grounds to believe an arrest is necessary
What is the two-part test for reasonable grounds of suspecting someone is guilty of an offence?
Did the officer suspect the person was guilty? (SUBJECTIVE)
Did the officer have reasonable proof for that suspicion? (OBJECTIVE)
Which statute requires that arrested person must be informed that they are under arrest?
s28 PACE 1984
How is the tort of misuse of private information defined?
As ‘the protection of human autonomy and dignity—the right to control the dissemination of information about one’s private life and the right to the esteem and respect of other people’
What are the two forms of defamation?
Libel (a permanent form, including broadcasting and social media) and slander (a transient form, including speech and gestures).
What requirements are set out in the defamation
The claimant must show that the conduct was defamatory meaning that an ordinary person would think worse of them as a result. The conduct must also identify or directly refer to them and must be published to a third-party and show that the conduct caused, or is likely to cause them, serious harm. This is usually in a financial form, particularly for businesses
What is the exception in defamation for requiring evidence of harm?
If the conduct alleges that the claimant has committed a criminal offence punishable by imprisonment (such as calling them a thief) or if the conduct is calculated to disparage their profession (such as saying a doctor amputates the wrong limb), the claimant does not have to prove harm
What statute sets out the defence of truth against defamation?
s2 Defamation Act 2013
What statute sets out the defence of honest opinion against defamation?
s3 Defamation Act 2013
What statute sets out the defence of public interest against defamation?
s4 Defamation Act 2013
What are absolute and qualified privileges for defamation?
Absolute = if there are clear public policies ensuring freedom of speech, such as for statements made during judicial or parliamentary proceedings
Qualified = covers the publication of any fair and accurate statement, but this defence can be defeated if there is any evidence of malice
What act governs harassment?
Protection from Harassment Act 1997
What act governs threatening forms of communication?
Malicious Communications Act 1998
What act governs how businesses use personal information?
The Data Protection Act 1998
What act allows companies to retain individuals’ data?
The Investigatory Powers Act 2016
In which case was the retention of personal information deemed to violate A8?
Wood v Commissioner of Police for the Metropolis = the police took and retained photos of a person involved in arms trade as he was leaving a company meeting. The police failed to justify the proportionality of this interference and it amounted to a violation of Article 8.
What act obliges authorities to publish certain information and allows the public to request information?
The Freedom of Information Act 2000
Under which act can members of the public request access to information held about themselves by authorities?
The Data Protection Act 1998
