Public Law Flashcards
What is an arrest for breach of the peace?
Breach of the peace means that there is either an actual or likely disturbance of public peace and good order. Police have common law powers to maintain the peace. These powers of arrest allow reasonable force.
In what circumstances can the power to arrest for breach of the peace be used?
For example, where a disturbance has taken place but no specific offence committed and where there is a possibility of a renewal of the disturbance.
What are the key principles the court should consider when making its decision when imposing a binding order?
- The court should hear all evidence.
- They should state their reasons for making the order.
- The order should identify the specific conduct or activity from which the individual must refrain, the length of the order and the amount of the recognizance
- The length of the order should be proportionate to the harm sought to be avoided and should not generally exceed 12 months.
- Regard should be had for the individual’s financial resources.
Who has the power to impose conditions, in advance, on public processions?
The senior police officer may issue a direction in advance, in writing, to the individuals taking party in the intended march. This will usually either be a Chief Constable or a Commissioner.
Is there a requirement to give prior notice to a public assembly?
Unlike public processions, there is normally no requirement to give prior notice of an assembly. however, the police do have specific powers to control assemblies under the Public order Act 1986.
What kind of conditions can be imposed on public assemblies?
Any conditions which appear necessary to prevent disorder, damage, disruption, impact or intimidation.
The police can also impose the same conditions as they would on public processions with regards to noise or possible impact on the vicinity.
Judicial Review: What is the “sufficient interest test”
Claimants have to be personally affected by a public decision in order to challenge it. The term “person” can include any “legal persons” including organisations, trade unions, representative groups etc, acting in the “public interest”.
What is the ground of illegality?
The ground that someone has done something outside of their remit, outside of the law, or fettered discretion (acting unreasonably for example).
Judicial Review: what is the right to a fair hearing?
Article 6 ECHR grants the Right to a Fair Trial. A person is entitled to a fair and public hearing, within a reasonable time, by an independent and impartial tribunal established by law.
What impact does the HRA 1998 have on judicial review in the UK?
Section 3 of the HRA gives the courts permission to judicially review Acts of parliament, although they may not strike down legislation, they can make rulings that the legislation is incompatible with the ECHR under S 4 HRA.
What is an injunction?
An order made by the court to stop a public body from acting in an unlawful way. It can also (less commonly) compel a public body to DO something - this is called a mandatory injunction,
How does the court exercise its discretion to grant remedies in judicial review proceedings?
The granting of all remedies is entirely at the court’s discretion. The discretionary nature of the remedies outlines above means that, even if a court finds a public body has acted wrongly, it does not have to grant any remedy. For example, where an applicant has unreasonably delayed in applying for judicial review.
What is a person deprived of his liberty by arrest or detention entitled to under Article 5(4)?
Article 5(4) mandates that a person who is deprived of his liberty by arrest or detention shall be entitled to take proceedings whereby the lawfulness of his detention shall be decided, speedily, by a court, and his release ordered if the detention is not unlawful.
What are the grounds of discrimination which are prohibited under Article 14? Basically - what are the protected characteristics….
Sex, race colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.
What is the margin of appreciation principle?
A judicial principle which is supposed to allow domestic governments some room to satisfy the obligations set out by conventions.
