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THE HUMAN RIGHTS ACT AND THE UK POLICE SERVICE

Learn about the Human Rights Act, its incorporation into UK law, and its implications for the UK Police Service. Explore best practices and legal principles such as lawfulness, necessity, justifiability, proportionality, and non-discrimination. Understand the role of public authorities and the rights and remedies available to individuals in case of infringement.

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THE HUMAN RIGHTS ACT AND THE UK POLICE SERVICE

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

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

  3. The European Conventionon 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

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

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

  6. 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’

  7. 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)

  8. 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

  9. 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

  10. 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

  11. 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

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

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

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

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

  16. 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)

  17. 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

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

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

  20. VICTIMS • Victim of an unlawful act • would be victim of an unlawful act

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

  22. When completed exit PowerPoint programme to return to the CD-ROM content 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)

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

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