8. Freedom to protest and police powers

2018 ◽  
Author(s):  
Richard Clements
Keyword(s):  
Human Rights ◽  
Common Law ◽  
European Convention ◽  
Public Order ◽  
Police Powers ◽  
Reasonable Suspicion ◽  
The Right

The Q&A series offers the best preparation for tackling exam questions. Each chapter includes typical questions; diagram problem and essay answer plans, suggested answers, notes of caution, tips on obtaining extra marks, the key debates on each topic and suggestions on further reading. This chapter is all about the freedom to protest and police powers. Freedom to protest is protected by common law, statute and the European Convention on Human Rights. The questions looked at here consider issues such as public order law; the right to protest; the right to freedom of peaceful assembly; and police powers to arrest and search on reasonable suspicion.

8. Freedom to protest and police powers

2020 ◽  
pp. 138-160
Author(s):  
Richard Clements
Keyword(s):  
Human Rights ◽  
Common Law ◽  
European Convention ◽  
Public Order ◽  
Police Powers ◽  
Reasonable Suspicion ◽  
The Right

The Q&A series offers the best preparation for tackling exam questions. Each chapter includes typical questions, diagram problem and essay answer plans, suggested answers, notes of caution, tips on obtaining extra marks, the key debates on each topic, and suggestions on further reading. This chapter is all about the freedom to protest and police powers. Freedom to protest is protected by common law, statute, and the European Convention on Human Rights. The questions looked at here consider issues such as public order law; the right to protest; the right to freedom of peaceful assembly; and police powers to arrest and search on reasonable suspicion.

8. Freedom to Protest and Police Powers

2016 ◽  
Author(s):  
Richard Clements
Keyword(s):  
Human Rights ◽  
Common Law ◽  
European Convention ◽  
Public Order ◽  
Police Powers ◽  
Reasonable Suspicion ◽  
The Right

The Q&A series offers the best preparation for tackling exam questions. Each chapter includes typical questions; diagram problem and essay answer plans, suggested answers, notes of caution, tips on obtaining extra marks, the key debates on each topic and suggestions on further reading. This chapter is all about the freedom to protest and police powers. Freedom to protest is protected by common law, statute and the European Convention on Human Rights. The questions looked at here consider issues such as public order law; the right to protest; the right to freedom of peaceful assembly; and police powers to arrest and search on reasonable suspicion.

16. Human rights in the UK: public order and police powers

Public Law ◽  
2020 ◽  
pp. 671-718
Author(s):  
John Stanton ◽  
Craig Prescott
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
European Convention ◽  
Public Order ◽  
Freedom Of Association ◽  
Police Powers ◽  
The One ◽  
The Uk ◽  
The Right ◽  
Article 5

This chapter examines the rights contained within Article 10 of the European Convention on Human Rights (freedom of expression), Article 11 (freedom of association and assembly), Article 5 (the right to liberty), and Article 8 (the right to a private and family life). It considers the domestic application of these rights as well as the various cases in which they have been raised. In doing this, the chapter explores the balance that must be struck between certain rights on the one hand and competing interests and needs on the other. With this in mind, it focuses on two areas: first, the freedoms of association and assembly, balanced against the need to ensure public order; and secondly, the freedom of liberty and right to a fair trial, against the need to ensure that the police can carry out their functions and responsibilities appropriately.

Civil Liberties & Human Rights

2017 ◽  
Author(s):  
Ruth Costigan ◽  
Richard Stone
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
Close Association ◽  
Civil Liberties ◽  
European Convention ◽  
Public Order ◽  
Police Powers ◽  
The Subject ◽  
Definition Of ◽  
The Right

Course-focused and comprehensive, the Textbook on series provide an accessible overview of the key areas on the law curriculum. Textbook on Civil Liberties and Human Rights provides an account of this area of law. This work covers all the main topics in the field of civil liberties and human rights. It provides coverage of crucial areas such as police powers, freedom of expression, terrorism, and public order. A thematic approach helps readers to appreciate the overlap and interconnected nature of the subject, and the close association between the different articles of the European Convention. Topics new to this edition include: Austin v UK on kettling and the deprivation of liberty; von Hannover v Germany (No 2) and Springer v Germany on privacy; Othman (Abu Qatada) v UK on asylum and fair trial rights; O’Donoghue and Others v UK on the right to marry; the Supreme Court’s views in R v Gul on the definition of terrorism; the Court of Appeal’s rulings in Hall v Bull and Black v Wilkinson on discrimination on grounds of sexual orientation where this conflicts with religious beliefs; Att Gen v Davey on contempt and the internet; and the Anti-Social Behaviour and Policing Act, which will replace ASBOs with Injunctions to Prevent Nuisance and Disorder.

16. Human rights in the UK: public order and police powers

Public Law ◽  
2018 ◽  
Author(s):  
John Stanton ◽  
Craig Prescott
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
European Convention ◽  
Public Order ◽  
Freedom Of Association ◽  
Police Powers ◽  
The One ◽  
The Uk ◽  
The Right ◽  
Article 5

This chapter examines the rights contained within Article 10 of the European Convention on Human Rights (freedom of expression), Article 11 (freedom of association and assembly), Article 5 (the right to liberty), and Article 8 (the right to a private and family life). It considers the domestic application of these rights as well as the various cases in which they have been raised. In doing this, the chapter explores the balance that must be struck between certain rights on the one hand and competing interests and needs on the other. With this in mind, it focuses on two areas: first, the freedoms of association and assembly, balanced against the need to ensure public order; and secondly, the freedom of liberty and right to a fair trial, against the need to ensure that the police can carry out their functions and responsibilities appropriately.

Professional secrecy and legal professional privilege

2018 ◽  
Vol 25 (2) ◽  
pp. 188-207 ◽  
Author(s):  
Jorg Sladič
Keyword(s):  
Human Rights ◽  
The Netherlands ◽  
Family Life ◽  
Common Law ◽  
Civil Law ◽  
Fundamental Rights ◽  
The Other ◽  
European Convention ◽  
Legal Professional ◽  
The Right

Legal privilege and professional secrecy of attorneys relate to the right to a fair trial (Article 6 European Convention on Human Rights (ECHR)) as well as to the right to respect for private and family life (Article 8 ECHR). The reason for protecting the lawyer via fundamental rights is the protection of fundamental rights of the lawyer’s clients. All legal orders apply legal privileges and professional secrecy; however, the contents of such are not identical. Traditionally there is an important difference between common and civil law. The professional secrecy of an attorney in civil law jurisdictions is his right and at the same time his obligation based on his membership of the Bar (that is his legal profession). In common law legal privilege comprises the contents of documents issued by an attorney to the client. Professional secrecy of attorneys in civil law jurisdictions applies solely to independent lawyers; in-house lawyers are usually not allowed to benefit from rules on professional secrecy (exceptions in the Netherlands and Belgium). On the other hand, common law jurisdictions apply legal professional privilege, recognized also to in-house lawyers. Slovenian law follows the traditional civil law concept of professional secrecy and sets a limited privilege to in-house lawyers. The article then discusses Slovenian law of civil procedure and compares the position of professional secrecy in lawsuits before State’s courts and in arbitration.

9. Freedom of Expression

2016 ◽  
Author(s):  
Richard Clements
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
Common Law ◽  
Freedom Of Speech ◽  
European Convention ◽  
Free Expression ◽  
Freedom Of Information ◽  
Obscenity Law ◽  
Right Of Privacy ◽  
The Right

The Q&A series offers the best preparation for tackling exam questions. Each chapter includes typical questions; diagram problem and essay answer plans, suggested answers, notes of caution, tips on obtaining extra marks, the key debates on each topic and suggestions on further reading. This chapter moves on from the previous one to examine the freedom of expression. Under common law, freedom of speech is guaranteed unless the speaker breaks the law, but this is now reinforced by the right of free expression under the European Convention on Human Rights. The questions here deal with issues such as obscenity law and contempt of court; the Official Secrets Act; freedom of information; breach of confidence and whether there is a right of privacy in English law.

Case Comment: Re D (A Child) [2019] UKSC 42

2020 ◽  
Vol 28 (3) ◽  
pp. 595-604
Author(s):  
Alex Ruck Keene ◽  
Xinyu Xu
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
Common Law ◽  
European Convention ◽  
The Supreme Court ◽  
The Right ◽  
Article 5

Abstract How (if at all) can the right to liberty of a child under Article 5 European Convention on Human Rights (‘ECHR’) be balanced against the rights of parents, enshrined both at common law and under Article 8 ECHR? Is there a limit to the extent to which parents can themselves, or via others, seek to impose restrictions upon their disabled child’s liberty so as to secure their child’s interests? This case considers the answers to these questions given by and the implications of the decision of the Supreme Court in September 2019 in Re D (A Child) [2019] UKSC 42.

5. The Right to Silence and the Privilege against Self-Incrimination

Evidence ◽  
2018 ◽  
Author(s):  
Andrew L-T Choo
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Case Law ◽  
European Convention ◽  
Public Order ◽  
Substantial Body ◽  
Legal Advice ◽  
Right To Silence ◽  
The Right ◽  
Court Of Appeal

Chapter 5 deals with the right to silence and the privilege against self-incrimination. It considers relevant provisions of the Criminal Justice and Public Order Act 1994. These include sections 34, 36, and 37, which permit adverse inferences to be drawn from certain failures of the defendant at the pre-trial stage. Section 34, in particular, has generated a substantial body of case law. The manner in which the Court of Appeal has resolved the issue of silence on legal advice has been subjected to particular criticism. The operation of section 34 has been held to be compatible with the European Convention on Human Rights so long as a sufficiently watertight direction is given to the jury. The precise extent to which the privilege against self-incrimination applies to real evidence also remains uncertain and is an issue requiring resolution.

9. Freedom of expression

2018 ◽  
Author(s):  
Richard Clements
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
Common Law ◽  
Freedom Of Speech ◽  
European Convention ◽  
Free Expression ◽  
Freedom Of Information ◽  
Obscenity Law ◽  
Right Of Privacy ◽  
The Right

The Q&A series offers the best preparation for tackling exam questions. Each chapter includes typical questions; diagram problem and essay answer plans, suggested answers, notes of caution, tips on obtaining extra marks, the key debates on each topic and suggestions on further reading. This chapter moves on from the previous one to examine the freedom of expression. Under common law, freedom of speech is guaranteed unless the speaker breaks the law, but this is now reinforced by the right of free expression under the European Convention on Human Rights. The questions here deal with issues such as obscenity law and contempt of court; the Official Secrets Act; freedom of information; breach of confidence and whether there is a right of privacy in English law.

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