17356367
Description
Flashcards by Beth Plant , updated more than 1 year ago
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Created by Beth Plant
almost 6 years ago
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| Question | Answer |
| What is article 6? | Right to a fair trial |
| What is the 4 part test under 6(1)? | - fair and public hearing - reasonable time - independent and impartial - a public judgement |
| Fair and public hearing | Fair balance between parties Right not to incriminate oneself |
| Reasonable time | Depends on complexity of crime BEGGS- convicted murdered and rapist awarded 6000 euros as took 10 yrs |
| Independent and impartial | Must be independent from political pressure PINOCHET judge part of amnesty International |
| A public judgement | Should be a public hearing and should give reasons for decision Restricted of children, morales, national security |
| 6(2) | Presumption of innocence Everyone must be presumed innocent u til proven guilty WOOLMINGTON- accidentally killed wife told he had to prove his innocence |
| 6(3) additional criminal rights | A) informed in language he understands B)adequate time and facilities to prepare (Murray) C) defend himself though legal representation D) have own witnesses and examine witnesses (davies) E) free interpreter if cannot speak the language |
| What ways can article 6 be restrkcted? | -can't do it sith children -pre recordered evidence from rape victims -evidence may be withheld from defence |
| What is article 5? | Right to liberty and security |
| 5(1) restrictions | A) being found guilty in court B) being arrested or detained for not following court order C) a resting or detaining on suspicion/preventing D) detention of a minor for purpose of education E) detaining to prevent spread of disease/ unsound mind/addicts F) prevent you from entering, deporting or exrraditing from country |
| 5(2) arrest | PACE S. 24- with our warrant police can arrest someone who is/has/about to commit an arrestable offence Reasonable grounds--prevent injury/ wrong Information/prevent dissappearance Procedure- TOAST (Christie) Limits-must only use reasonable force Can also arrest with a warrant from mags |
| 5(2) detention | Custody officer--seen as soon as possible take away possessions Time limits- 24/36/96 terrorism 14 days Legal rights- codes of practice. Somebody informed. Right to legal advice (r V Samuel) Interview- CATS Searches and samples |
| 5(3) | -right to be Brought promptly before a judge - right to be released on bail - right to be tried within reasonable time |
| 5(4) | Access to court- can challenge the law fullness of your detention Lawfulness of detention- reviewed on regular basis if mental health determinate--fixed time Indeterminate- not fixed time Quick decision- soon as reasonably practical |
| 5(5) | Has the right to compensation Tpim Care Kettling Stop and search |
| Kettling | Technique used by police to contain crowds during demonstrations to prevent violence (Austin) Used in good faith Proportisnte and necessary Last resort |
| Stop and search | PACE- can stop nad search vehicle on public place if have reasonable grounds Reasonable grounds Procedure--name/station/reason Limitations- only use reasonable force/ only remove outer clothing (Rice) |
| What is article 8? | Right to family and private life |
| What are the 4 protected interests under 8(1)? | - family life - private life - correspondence - home |
| Private life | It includes; gender, dna, pictures Can only be used against public authorities Consider proportionality (Naomi Campbell) (Halford) |
| Family life | Right to enjoy family relationships with interference from state - can include siblings, parents, adoptions, carers - when involving children their right is paramount (Bellinger) (Johansen) |
| Home | Right to enjoy your existing home -public authorities should not stop you entering your home -many relate to travellers (Price) |
| Correspondence | Covers all forms of communications like texts, calls and emails - secret surveillance can be tolerable -investigatory powers act 2016 (Klass) |
| How is article 8 restricted? | -security -safety -prevention of dosroger or crime -economic wellbeing of the country -protecting health and morals -protecting rights and freedoms of others -national security |
| What is article 10? | The right to freedom of expression |
| What is under 10 (1) | -freedom to hold opinions Can't teach citizens to discriminate who gold different opinions -freedom to mimosrt info and ideas Right to offend, shock, disturb (Handyside) -freedom to receive info and ideas Doesn't have duty to provide info (Guerra) |
| What is under 10 (2) | -prescribed by law Clear legal basis (Handyside) -legitimate aim Can be restricted if interest or national security. Publi safety, health and morals, prevention of disorder/crime (shayler) -necessary proportionally and margin of appreciation |
| What are the further restrictions? | Obscenity And defamation |
| What is obscenity? | Governed under obscene publication act 1959 -deprave and corrupt the minds of individuals (Gibson) |
| What is defamation? | Libel - permanent broadcast Slander- temporary gestures Would cause serious harm Truth Honest opinoom Matter of public interest Internet Privelege (Cooke) |
| Article 10 and technology | G |
| What is article 11? | The right to freedom of assembly |
| What is under 11(1)? | -freedom of peaceful assembly - meetings, marches, religion must be done peacefully (cisse) -freedom of association with others come together to form an association (mcfeeley) - right to form and join a trade union (redfern) |
| What is under 11(2)? | -prescribed by law clear legal basis (laporte) -legitimate aim interest of national securoty, public interest, prevention of disorder/crime, health and morals (tabernacle) -necessary proportionality and margin of appreciation (ollinger) |
| What is the same under 10(2) and 11(2)? | Prescribed by law Legitimate aim Necessary |
| Further restrictions | -breach of peace -trespass to land |
| Acts of Parliament that restrict article 11? | -criminal justice and public order act 1994 Removing trespassers from lsnd Raves Aggravated tresspas Trespasser assemblies -LASPO Squatting -criminal law act 1977 squatting |
| What are public order offences? | Section 1- riot 12 plus people using or threatening violence that would cause rm to fear safety Section 2- violent conduct 3 or more Section 3- affray 1 or more Section 4 4a harrasment, alarm and distress with intent Section 5- without intent |
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