THE HUMAN RIGHTS ACT AND THE UK POLICE SERVICE Click on slide-show icon When completed exit PowerPoint programme to return to the CD- ROM content

BEST PRACTICE IS MY ACTION LAWFUL? NECESSARY & JUSTIFIABLE? PROPORTIONATE? NON-DISCRIMINATORY?

The European Convention on Human Rights was drafted in 1950 was signed by UK but not incorporated into UK domestic law 1966 UK individuals given right to take alleged breaches to the European Court

received Royal Assent in November 1998 came into force 2nd October 2000 The Human Rights Act 1998

The aim of the Human Rights Act 1998 to incorporate the European Convention of Human Rights and Fundamental Freedoms into UK domestic law

The European Convention on Human Rights 20% of ECHR are from the UK 95% of all cases are inadmissible 75% of which are judged as ‘manifestly ill-founded’

Convention Rights Article 2 - right to life Article 3 - prohibition of torture Article 4 - prohibition of slavery and forced labour Article 5 - right to liberty and security Article 6 - right to a fair trial Article 7 - no punishment without law (no retrospective law)

Convention Rights Article 8 - right to respect for private and family life Article 9 - freedom of thought, conscience and religion Article 10 - freedom of expression Article 11 - freedom of assembly and association

Convention Rights Article 12 - right to marry Article 14 - prohibition of discrimination Article 16 - restrictions on political activity of aliens Article 17 - prohibition of the abuse of rights Article 18 - limitation on use of restrictions on rights

Categories of rights Articles 2, 3, 4, 5, 6 and 7 –the state cannot interfere with these in the public interest Articles 8, 9, 10, and 11 –general public interest can be taken into account allowing the state to interfere

Public Authorities Section 6 (1) and (2) of the Act –makes it unlawful for a ‘public authority’ to act incompatibly with the Convention –allows a ‘public authority’ to act incompatibly if domestic legislation cannot be interpreted compatibly

What is a Public Authority? a court or tribunal, and any person certain of whose functions are functions of a public nature (s 6)

DOCTRINES LAWFUL NECESSARY & JUSTIFIABLE PROPORTIONATE NON-DISCRIMINATORY EQUALITY OF ARMS MARGIN OF APPRECIATION POSITIVE OBLIGATION

LEGALITY identified and established accessible (written down and available) and formulated with sufficient clarity to be foreseeable in its consequences The ‘law’ referred to is domestic law which must be:

NECESSITY IS THE RESTRICTION ‘NECESSARY IN A DEMOCRATIC SOCIETY’? IS THE RESTRICTION LEGITIMATE?

PROPORTIONALITY FAIR BALANCE BETWEEN INDIVIDUAL RIGHTS & THE INTERESTS OF THE COMMUNITY. THE INDIVIDUAL RIGHTS PROPORTIONAL TO THE LEGITIMATE AIM PURSUED. (not a sledgehammer to crack a nut)

EQUALITY OF ARMS IN TRAIL PROCESS, DEF. MUST HAVE SAME INFORMATION & ACCESS TO INFORMATION AS THE POLICE/PROECUTION APPLIES TO BOTH CRIMINAL AND CIVIL CASES

MARGIN OF APPRECIATION the State is in a better position to decide domestic ‘necessity’ than an international court

POSITIVE OBLIGATIONS State cannot refrain from interfering with people’s Convention Rights. Duty to protect them.

VICTIMS Victim of an unlawful act would be victim of an unlawful act

HOW WILL VICTIMS BE ABLE TO USE THE CONVENTION IN OUR COURTS? as a defence in criminal proceedings as a basis of an appeal to seek judicial review to bring civil proceedings for damages Individuals who believe their rights have been infringed can rely on the Convention:

WHAT MIGHT HAPPEN IN COURT IF INFRINGEMENT IS FOUND TO BE UNJUSTIFIED? proceedings stayed for abuse of process evidence ruled inadmissible indictments and convictions quashed compensation awarded (where the court is able to do so) When completed exit PowerPoint programme to return to the CD- ROM content

BEST PRACTICE IS MY ACTION LAWFUL? NECESSARY & JUSTIFIABLE? PROPORTIONATE? NON-DISCRIMINATORY? DO NOT FORGET - RECORD THE THOUGHT PROCESS