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12 Cards in this Set
- Front
- Back
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PACE 1984 |
Police & Criminal Evidence Act 1984 (Police powers generally) Articles: This may provide a defence to a civil action of trespass to land and act as a justification to home life under Art 8(2) These may restrict the right to liberty (5) and the right to assembly (11) • Police can search premises with a warrant • S.60 of the Criminal Justice and Public Order Act 1994 allows the police these powers where they believe serious violence will take place, person is carrying a prohibited article, or an offensive weapon used in a violent incident is being carried • Procedure on arrest. Fact of arrest and reasons for arrest must be given – s.28 PACE 1984.– failure to do so may amount to false imprisonment. · Use of caution. Access to a solicitor s.58 PACE 1984, right to inform someone of the fact of arrest s.56 PACE 1984 · Right to consult Codes of Practice. · Right to review by Custody Officer. • ‘Kettling’ is where a group of people are held by the police in an area as a means of controlling a demonstration. It is a relatively new tactic used by the police which has no statutory authority. • Under s. 76 of PACE 1984 the court has the power to exclude evidence which they consider would have an adverse effect on the fairness of the case. This may include any evidence obtained by entrapment, or by torture The right to legal representation applies to every stage and if it is denied the evidence may be excluded by s. 78 PACE 1984In criminal cases the denial of legal aid is likely to be a breach of the article. (Ibrahim v United Kingdom 2016) |
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Tort of Defamation & Defamation Act 2013 |
Tort of Defamation and Defamation Act 2013 1) The statement is defamatory, meaning that an ordinary person would think worse of the claimant as a result of the statement. 2) The statement identifies the person; 3) The statement is published by a third party Requires claimants to show that the publication of the statement caused them, or is likely to cause them, serious harm. Defences: S.1 Truth, S.2 Honest Belief, S.3 Matter of Public Interest, S.4 Parliamentary privilege Campbell v MGN Mosley v News Group International PJS v News Newspapers Richard v BBC Flitcroft v MGN Articles: Claim in civil law for Defamation Restricts others right to Article 10(2) – Restriction under the rights and reputations of others Protects people’s rights to Private life |
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Harassment Act 1997 |
Articles: Criminal offence in the UK > can lead to a civil action for an injunction and compensation Limits right of Article 10 under Article 10(2) for the protection of reputation and rights of others The Act: This Act provides that there is a criminal and civil offence if a person sets about a course of conduct that equates to harassment. A course of conduct would amount to 2 or more instances of harassment. There is a more serious offence if the individual puts the victim in fear of violence |
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Malicious Communications Act 1998 |
Articles: Criminal offence in the UK > can lead to a civil action for an injunction and compensation Limits right of Article 10 under Article 10(2) for the protection of reputation and rights of others. Act: provides that an individual is not allowed to send another a letter or any form of electronic communication information that false or known to be false by the sender or anything that is grossly offensive with an intention to cause distress. There must be an intention to cause distress or anxiety to the recipient or another. |
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Trespass to property |
Article: Can restrict police powers under PACE and security services under the IPA This will help protect Article 8 right to Home life This could lead to an action against an assembly under Article 11 Act: • “wrongful interference with one’s possessory rights to property. • Unnecessary to show that harm has actually been suffered. While most trespasses to land are intentional, trespass can be committed negligently. • The main element of the tort is "interference" > direct and physical. covers any physical entry to land, as well as the abuse of a right of entry, when a person who has the right to enter the land does something not covered by the permission. If the person has the right to enter the land but remains after this right expires, this is also trespass. A defence can be the PACE rules or IPA • Drury v Secretary of State for Environment, Food and Rural Affairs 2004, University of Essex v Djemal 1980. These cases had mixed results for the landowners s the criminal law was strengthened, as will be seen later in the chapter. There are a number of legal justifications to trespass, including: •Licence to enter by law •Justification by right of way or easement •Justification by licence or necessity •Various powers of entry granted to officers of the law, such as police. Cases: (Entick v Harrington described as “every invasion of property, be it ever so minute, is a trespass”). Chic Fashions v Jones |
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Obscene Publications 1959 & 1964 Act |
Common law – Offence of outraging public decency Act: - Something obscene is one intended to deprave and corrupt others likely to read it. - Public decency requires a level of behaviour which is generally accepted by the public as not obscene Cases: R v Hincklin (1868) “Obscenity is to deprave and corrupt those whose minds are open to such informal influences and into whose hands a publication of this sort may fall”. Deprave held to mean – Make morally bad Handyside v UK (1976) Article: Can be a claim in UK civil law – main remedy an injunction Prevents individuals Art 10 right – this is because can offend health and morals and the reputation and rights of others. |
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Official Secrets Act 1989 |
R v Shayler Prevent disclosure of information under Article 10 that is of national security or territorial integrity. |
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Confidentiality, Data Protection Act & GDPR |
The general position is that if information is given in circumstances where it is expected that a duty of confidence applies, that information cannot normally be disclosed without the information provider’s consent. Three circumstances making disclosure of confidential information lawful are: - where the individual to whom the information relates has consented - where disclosure is necessary to safeguard the individual, or others, or is in the public interest - where there is a legal duty to do so, for example a court order |
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Investigatory Powers Act 2016 & Data Retention and Acquisition Regulations 2018 |
Telephone companies have been asked to retain data for 12 months following the giving of a notice by the Secretary of State irrespective of whether the person has committed an offence or not in order to combat crime 2018 Regulations adopt Tele2Sverige - effect data can only be recalled for those who have committed serious crime Surveillance operations may include the following operations: - Placing bugs on private property - Intercepting communications, such as telephone calls - Undercover police officers Tele2Sverige and Watson - communications data can only be justified where: (1) the objective is fighting serious crime, (2) only data that is “strictly necessary” is retained, and (3) the retained data is kept within the EU. Liberty v. UK In UK law a claim can be taken to a specialist Investigatory Powers Tribunal. They hear a case through paper form. These powers under the Investigatory Powers Act – may work to compromise and provide a restriction on UK individuals rights to Data Protection under The Data Protection Act 2016 and their right to correspondence under Art 8. The IPA and Regulations may help police enforce rights under PACE – as part of search rights |
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The Public Order Act |
Notes |
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Domestic violence, crime & victims act 2004 |
Anyone who is subject to violence on more than one occasion can apply for an occupation order Articles: Family law courts Occupation order restricts defendants right to home life (Art 8:2) – Health and Safety, prevent crime |
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Police Act 1997 |
Under the Police Act, employers can request an enhanced criminal record certificate (“ECRCs”) which are required when undertaking work with children and vulnerable adults. It also provides for the issue of Criminal Record Certificates. R (T) v Chief Constable of Greater Manchester (2013) Article Can be a civil law action to justify a restriction to right to Private life under Art 8. Also gives employers a right to receive information. |
