NCJ Number
206019
Date Published
2004
Length
18 pages
Annotation
This chapter selects and examines some of the provisions of Great Britain's Human Rights Act 1998 (the "Act") that might lead to a conflict between police activities and human rights.
Abstract
The Act incorporates into English law most, but not all, of the rights protected by the European Convention on Human Rights. The rights most likely to be involved in the context of policing pertain to the right to life and prohibition on arbitrary deprivation of life, the prohibition against torture or degrading treatment, the right to liberty and security, the right to a fair trial, the right to respect for privacy, freedom of association and assembly, and freedom from discrimination. The increasing use of police surveillance conflicts with the right to privacy, and the proliferation of powers to control public demonstrations and marches has created uncertainty about the freedom of association and assembly. Stop and search powers allow unjustified interferences with the right to liberty and security. Race discrimination in arrests conflicts with this right as well. The power of police internment is clearly incompatible with the Convention and raises concerns about discrimination and civil liberties. The discretion to delay a detainee's access to a solicitor, combined with limitations on the right to silence, violate the right to a fair trial. Although the Act generally limits what the police can legitimately do, it does not provide any guidance on the best approach to policing within those limits. Factors that should be taken into account when developing and implementing policing strategies are as follows: avoiding the criminalization of more people, the possibility of backlash/race riots, proper use of resources, and accountability in decisionmaking. 71 notes