Flashcards
Human rights articles
Flashcards do conjunto (39)
- 1What is article 6?Right to a fair trial
- 2What is the 4 part test under 6(1)?- fair and public hearing
- reasonable time
- independent and impartial
- a public judgement - 3Fair and public hearingFair balance between parties
Right not to incriminate oneself - 4Reasonable timeDepends on complexity of crime
BEGGS- convicted murdered and rapist awarded 6000 euros as took 10 yrs - 5Independent and impartialMust be independent from political pressure
PINOCHET judge part of amnesty International - 6A public judgementShould be a public hearing and should give reasons for decision
Restricted of children, morales, national security - 76(2)Presumption of innocence
Everyone must be presumed innocent u til proven guilty
WOOLMINGTON- accidentally killed wife told he had to prove his innocence - 86(3) additional criminal rightsA) 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 - 9What ways can article 6 be restrkcted?-can't do it sith children
-pre recordered evidence from rape victims
-evidence may be withheld from defence - 10What is article 5?Right to liberty and security
- 115(1) restrictionsA) 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 - 125(2) arrestPACE
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 - 135(2) detentionCustody 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 - 145(3)-right to be Brought promptly before a judge
- right to be released on bail
- right to be tried within reasonable time - 155(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 - 165(5)Has the right to compensation
Tpim
Care
Kettling
Stop and search - 17KettlingTechnique used by police to contain crowds during demonstrations to prevent violence
(Austin)
Used in good faith
Proportisnte and necessary
Last resort - 18Stop and searchPACE- 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) - 19What is article 8?Right to family and private life
- 20What are the 4 protected interests under 8(1)?- family life
- private life
- correspondence
- home - 21Private lifeIt includes; gender, dna, pictures
Can only be used against public authorities
Consider proportionality
(Naomi Campbell)
(Halford) - 22Family lifeRight to enjoy family relationships with interference from state
- can include siblings, parents, adoptions, carers
- when involving children their right is paramount
(Bellinger)
(Johansen) - 23HomeRight to enjoy your existing home
-public authorities should not stop you entering your home
-many relate to travellers
(Price) - 24CorrespondenceCovers all forms of communications like texts, calls and emails
- secret surveillance can be tolerable
-investigatory powers act 2016
(Klass) - 25How 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 - 26What is article 10?The right to freedom of expression
- 27What 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) - 28What 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 - 29What are the further restrictions?Obscenity
And defamation - 30What is obscenity?Governed under obscene publication act 1959
-deprave and corrupt the minds of individuals
(Gibson) - 31What is defamation?Libel - permanent broadcast
Slander- temporary gestures
Would cause serious harm
Truth
Honest opinoom
Matter of public interest
Internet
Privelege
(Cooke) - 32Article 10 and technologyG
- 33What is article 11?The right to freedom of assembly
- 34What 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) - 35What 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) - 36What is the same under 10(2) and 11(2)?Prescribed by law
Legitimate aim
Necessary - 37Further restrictions-breach of peace
-trespass to land - 38Acts 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 - 39What 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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- Flashcards on Article 6 Right to a fair trial , created by Beth Plant on 19/03/2019.
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- Beth Plant
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