Human rights in the United Kingdom
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Human rights in the United Kingdom concern the fundamental rights in law of every person in the United Kingdom. An integral part of the UK constitution, human rights derive from common law, from statutes such as Magna Carta, the Bill of Rights 1689 and the Human Rights Act 1998, from membership of the Council of Europe, and from international law.
Codification of human rights is recent, but the UK law had one of the world's longest human rights traditions. Today the main source of jurisprudence is the Human Rights Act 1998, which incorporated the European Convention on Human Rights into domestic litigation.[1][2]
History
The Bill of Rights | |
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Ratified | 16 December 1689 |
Location | Parliamentary Archives |
Author(s) | Parliament of England |
Purpose | Assert certain rights. |
Codification of human rights is recent, but before the Human Rights Act 1998 and the European Convention on Human Rights, UK law had one of the world's longest human rights traditions. The Magna Carta 1215 bound the King to require Parliament's consent before any tax, respect the right to a trial "by lawful judgment of his Peers, or by the Law of the Land", stated that "We will sell to no man, we will not deny or defer to any man either Justice or Right", guaranteed free movement for people, and preserved common land for everyone.[3]
It implicitly supported what became the writ of habeas corpus, safeguarding individual freedom against unlawful imprisonment with right to appeal.[4] After the first representative English parliament in 1265, the emergence of petitioning in the 13th century is some of the earliest evidence of parliament being used as a forum to address the general grievances of ordinary people.[5][6]
During the early 17th century, the
Philosophers began to think of rights not as privileges to be granted by the government or the law, but as a fundamental part of what it means to be a person.[7] John Locke (1632–1704), one of the most influential of Enlightenment thinkers, argued that protection of "property" – which to him meant "life, liberty and estates" – were the very reasons that society existed. He articulated that every person is created equal and free but, in return for the advantages of living in an organised society, a person may need to give up some of this freedom.[8]
During the 18th century, the landmark case of
By 1789, ideas of inherent rights had evolved and inspired both the
Upon the catastrophe of
In 1950, the UK co-authored the European Convention on Human Rights, enabling people to appeal to the European Court of Human Rights in Strasbourg even against Acts of Parliament: Parliament has always undertaken to comply with basic principles of international law.[15]
Because this appeals process was long, Parliament legislated to "bring rights home" with the
In May 2019, the British government announced to appoint its first human rights ambassador. Foreign Secretary
European Convention on Human Rights
The UK played an important role in the drafting of the Convention,
Chaired by Maxwell Fyfe and the former French Resistance leader Pierre-Henri Teitgen, the Legal Committee of the Council of Europe's Consultative Assembly proposed that the Council's Committee of Ministers draw up a convention which would take in and ensure the effective enjoyment of the rights proclaimed in the United Nations' Universal Declaration of Human Rights of 10 December 1948, as well as establishing a European Court and Commission of Human Rights. The Committee agreed and the text of what was to become the European Convention of Human Rights was in the main drafted by Sir Oscar Dowson, a retired senior legal adviser to the Home Office.[26]
Ratification
There was reluctant support for the Convention back in the UK where
Political pressure aside, the overall government view was that the Convention was only aimed at preventing a totalitarian takeover and not human rights issues within a functioning democracy.[31] In essence, it was thought that Britain had little to lose from ratification but rejection could risk some loss of face in Europe.[31] The Convention had more support among Conservative party politicians, in particular Winston Churchill who believed that it could help unify Europe on the basis of the rule of law.[32]
The UK became the first state to deposit its instrument of ratification of the Convention on 8 March 1951, with the Convention taking effect on 3 September 1953 after the tenth ratification was deposited.[33][34][26] No legislation was introduced and no steps were taken to give effect to the Convention's rights in domestic law until the passing of the Human Rights Act 1998.[35]
Right of petition
Two aspects of the Convention gave the United Kingdom's representatives to the Council of Europe cause for concern: the establishment of a European Court of Human Rights and the right of individual petition to the Court.[36] It was thought that the possibility to submit complaints was open to abuse and could be used for political purposes, notably by members of the Communist Party, rather than for genuine grievances.[36] In addition, it was feared that the consequences of accepting individual petition would cause instability in the British colonies as Britain's authority could be undermined.[37] Britain's attempts to exclude the provisions relating to these two issues were unsuccessful but it managed to ensure that they were optional.[38]
The
By 1965 a majority of government ministers believed that the Court would not pose a significantly greater threat to
As had been the case for ratification in 1950, the Labour government concluded in 1965 that there was little to be lost from giving in to the pressure to recognise the Court and the right of petition.
Campaign for incorporation
The first public call for the incorporation of the Convention into national law was made in 1968 by Anthony Lester who published a pamphlet entitled Democracy and Individual Rights.[50] Then in 1974 Lord Scarman called for an entrenched instrument to challenge the sovereignty of Parliament and protect basic human rights.[50][51] The following year a Charter of Human Rights was unveiled by the Labour Party National Executive Committee, although this was regarded as insufficient by certain Conservative politicians including Leon Brittan, Geoffrey Howe and Roy Jenkins who saw an entrenched Bill of Rights as more effective in preventing abuses by the executive of individual rights.[52]
In 1976, a draft Bill of Rights was moved in the
In 1986 Lord Broxbourne secured the Lords' approval for his incorporation bill, but was unsuccessful in the Commons, even though a second reading had been obtained.[54][55] Edward Gardner's 1989 bill to incorporate the Convention also failed on its second reading.[56][55] At the time, official Conservative party policy was in favour of maintaining the existing constitutional arrangements which it saw as ensuring a high standard of protection of individual rights.[56][57]
By 1991 the momentum for incorporation had grown, garnering support from organisations such as
Smith gave a speech on 1 March 1993 entitled "A Citizen's Democracy" in which he called for a "new constitutional settlement, a new deal between the people and the state that puts the citizen centre stage".
In November 1994 Lord Lester introduced a bill in the Lords which was based on the
On 18 December 1996, the shadow Labour Home Secretary
Passage through Parliament
The election of Labour in May 1997 led to the publication of a white paper on the bill – "Rights Brought Home: The Human Rights Bill".[66]
The bill was introduced by
The Liberal Democrats supported the bill, as did several
The second reading in the House of Commons took place on 16 February 1998 where the bill was introduced by Jack Straw who stated that it was "the first major Bill on human rights for more than 300 years".[70] In addition to the incorporation of the Convention in domestic law, Jack Straw indicated that the bill was intended to have two other significant effects: the modernisation and democratisation of the political system by bringing about "a better balance between rights and responsibilities, between the powers of the state and the freedom of the individual"[70] and the introduction of a culture of awareness of human rights by public authorities.[71]
Amendments rejected included giving courts a greater degree of flexibility with regard to Strasbourg case-law and referring to the margin of appreciation accorded to states by the Court,[72] as well as limiting the obligation to interpret legislation compatibly with Convention rights only when it was 'reasonable' to do so.[73] A successful amendment was tabled by Labour backbencher Kevin McNamara which had the effect of incorporating into the bill Articles 1 and 2 of Protocol 6 of the Convention abolishing the death penalty in peacetime.[74][75]
The bill successfully negotiated the Commons and the Lords and entered into force on 2 October 2000 as the Human Rights Act 1998.[66]
Human Rights Act 1998
The Human Rights Act 1998 seeks to give direct effect to the European Convention on Human Rights in domestic law by enabling claimants to bring an action in national courts instead of having to take their case before the European Court of Human Rights, as had previously been the case.
Section 3 of the Act requires primary and secondary legislation to be given effect in a way which is compatible with the Convention insofar as this is possible.[81] If the legislation cannot be interpreted in a manner which is compatible, this does not affect its validity, continuing operation or enforcement.[82] In such a situation, section 4 of the Act allows a court to make a declaration of incompatibility which has no direct effect on the legislation nor any practical consequences for the case in which it is made;[83] it allows Parliament to take remedial action without being obliged to do so.[83]
Human rights in Scotland are given legal effect through the Scotland Act 1998. Section 57(2) of the Act states: "A member of the Scottish Executive has no power to make any subordinate legislation, or to do any other act, so far as the legislation or act is incompatible with any of the Convention rights...”[84]
UK human rights legislation has been criticised by some for what they perceive as excessive attention to the human rights of offenders at the expense of those of victims; high-profile cases, such as those of
On 9 May 2022, more than 50 organisations warned the UK government that tearing up the Human Rights Act would have “dire consequences” including removing obligations to properly address violence against women and girls and destabilising peace in Northern Ireland.[88]
Rights in domestic law
Both the common law and the
one would ordinarily be surprised if conduct which violated a fundamental right or freedom of the individual did not find a reflection in a body of law ordinarily as sensitive to human needs as the common law, and it is demonstrable that the common law in some areas has evolved in a direction signalled by the Convention...
The modern law contrasts to the older view, represented by A. V. Dicey that "at no time has there in England been any proclamation of the right to liberty of thought or to freedom of speech, [...] it can hardly be said that our constitution knows of such a thing as any specific right of public meeting".[90]
Life
The common law ensures the protection of the right to life and that no person is deprived of life intentionally.[91] This is achieved primarily through the criminal law and the crimes of murder and manslaughter.[92] Some protection is also offered by the civil law where, for example, the Fatal Accidents Act 1976 allows relatives of those killed by the wrongdoing of others to recover damages.[citation needed] Capital punishment had by 1998 been abolished in respect of all offences.[93] Under the Coroners Act 1988 there is a duty in certain circumstances for deaths to be investigated by a coroner.[94]
The law also attaches importance to the preservation of life: aiding and abetting a suicide is a criminal offence under the Suicide Act 1961 and euthanasia is unlawful (see the Bland case).[95] Furthermore, there is a duty upon medical professionals to keep patients alive unless to do so would be contrary to the patient's best interests based on professional medical opinion (the Bolam Test), taking into account their quality of life in the event that treatment is continued.[96] The Abortion Act 1967 permits the termination of a pregnancy under certain conditions and the Human Fertilisation and Embryology Act 1990 requires the storage of embryos to be licensed.[97]
There is also an obligation on the state to prevent destitution and neglect by providing relief to persons who may otherwise starve to death.[98][99]
No forced labour
Slavery was abolished throughout much of the British Empire by the Slavery Abolition Act 1833 but as early as 1706 the common law had recognised that as soon as a slave came to England, he became free.[100][101] The courts did not recognise contracts which were equivalent to slavery or servitude.[101]
The courts have been reluctant to force individuals to work and have declined to enforce
The
Liberty
The right to liberty of the person, to be free from the domination or servitude of others, and only to lose one's liberty 'by lawful judgment of his Peers, or by the Law of the Land' has been fundamental to UK and English law since the Magna Carta.[105] This said, slavery and serfdom took until the 16th century to break down in England, and was maintained at least until 1833 within the British Empire, before full abolition of forced labour was passed, extending the writ of habeas corpus (the right to one's own body) to everyone.[106]
People must be told reasons for any detention, be put on trial in a reasonable time, or released immediately with compensation if detention was unlawful.[110] In practice, every power of the police or the state to maintain order and security 'inevitably means a corresponding reduction in the liberty of the individual',[111] and the UK has among the highest spending on policing in the world.[112] For this reason the Police and Criminal Evidence Act 1984, and the limits to police powers, is a key legislative guardian of liberty in the UK today.
Three main issues of police power and liberty are (1) powers of arrest, detention and questioning, (2) powers to enter, search or seize property, and (3) the accountability of the police for abuse of power. First, the Police and Criminal Evidence Act 1984 section 1 allows a constable to stop and search people if a constable 'has reasonable grounds for suspecting' that they will 'find stolen or prohibited articles', they may seize the articles, and they may use reasonable force.[114] The constable must give their name, police station, and grounds for the search. People cannot be made to remove clothing in public, except an outer coat, jacket or gloves.[115]
Because of the widespread problem of
In 2015 the Supreme Court held suspicionless searches were held to be compatible with
People who are arrested must be brought to a police station as soon as practicable, and there must either be released, charged or detained for questioning.[125] People can only be detained without charge for 24 hours, but this can be extended to 36 hours for an indictable offence, or another 36 hours (i.e. 72 hours in total) but only with approval of a magistrate's court where the detainee has a right to legal representation.[126] People can be searched at a police station with an inspector's authority, but can only do intimate searches of orifices if there are reasonable grounds for thinking there is a class A drug or article that could cause injury. A detainee has the right to inform a friend or relative, and consult a solicitor, but this right can be delayed by 36 hours if arrested for an indictable offence or 48 hours for terrorism.[127]
Interviews should be recorded, people can be photographed and drug tested without their consent. 'Intimate' samples of bodily fluids, blood and swabs cannot be taken without consent, but courts may draw adverse inferences.
'The great end, for which men entered into society, was to secure their property. That right is preserved sacred and incommunicable in all instances, where it has not been taken away or abridged by some public law... wherein every man by common consent gives up that right, for the sake of justice and the general good. By the laws of England, every invasion of private property, be it ever so minute, is a trespass. No man can set his foot upon my ground without my licence, but he is liable to an action, though the damage be nothing... If no excuse can be found or produced, the silence of the books is an authority against the defendant, and the plaintiff must have judgment.'
Second, police officers have no right to trespass upon property without a lawful warrant, because as
A common law power to enter premises to stop a
By contrast, before being formally arrested, in R v Iqbal a man accused of drug offences was detained and handcuffed by police while attending a friend's trial, but before being arrested he broke free and escaped. He was caught again, and convicted for escaping lawful custody, but the Lord Chief Justice overturned the conviction because there was no lawful arrest, and the offence could not be widened 'by making it apply to those whose arrest has been deliberately postponed.'[139]
Anyone can bring a claim against police for unlawful conduct, the chief constable is vicariously liable for constables' conduct, and
The Home Secretary is meant to issue a 'strategic policing document' that chief constables pay regard to, but can intervene and require 'special measures' if there is mismanagement.[143] This means the Home Secretary is ultimately politically responsible, but administration is largely local. Commissioners have a duty to enforce the law, but decisions about how to allocate scarce resources mean that police forces can choose to prioritise tackling some kinds of crime (e.g. violence) over others (e.g. drugs).[144] Generally police forces will not be liable in tort for failing to stop criminal acts,[145] but positive duties do exist to take preventative measures or properly investigate allegations.[146]
Other persons who may be detained include those in need of care and attention under the
Fair trial
These are often known as the rules of natural justice and comprise the principles nemo iudex in causa sua and audi alteram partem.[152] A fair hearing implies that each party has the opportunity to present their own case to an impartial tribunal.[153] Courts must generally sit in public and decisions may be challenged on the grounds of actual or apparent bias.[154] Although judges are under a common law duty to give reasons for their decisions, there is no such rule for non-judicial decision-makers.[155]
Certain specific rights apply in criminal cases.[156] Persons in custody have the right to consult a solicitor by virtue of the Police and Criminal Evidence Act 1984 and the Access to Justice Act 1999 allows an individual to request confidential and free legal advice.[157] The prosecution is under a common law duty to disclose all relevant evidence including that which may assist the defendant.[158] The accused also benefits from a limited right to silence and the privilege against self-incrimination.[159]
Courts have jurisdiction to prevent abuses of process if it would be unfair to try a defendant or a fair trial would not be possible.[165]
Privacy
The constitutional importance of privacy, of one's home, belongings, and correspondence, has been recognised since 1604, when
The law of trespass, as in Entick v Carrington,[169] traditionally protected against unjustified physical violations of people's homes, but given extensive powers of entry,[170] and with modern information technology the central concerns of privacy are electronic surveillance, both by the state and by private corporations aiming to profit from data or 'surveillance capitalism'.[171] The four main fields of law relating to privacy concern (1) listening devices and interference with private property, (2) interception of mail, email or web communications by government, (3) mass data storage and processing by corporations or state bodies, and (4) other breaches of confidence and privacy, particularly by the press.
First, the
On top of this, the
Surveillance in public places does not engage the human right to privacy, according to Kinloch v HM Advocate, where evidence of the defendant money laundering was gathered by police following the suspect in public spaces.[177] Second, although the Investigatory Powers Act 2016 section 2 creates a duty to consider whether means less intrusive to privacy could be used, warrants can be issue for targeted or bulk interception of any data, including to assist other governments, but only to detect serious crime, protect national security, or protect the UK's economic well-being, and this must be proportionate.[178] Applications are made to the Home Secretary or other appropriate ministers, and must be approved by a judicial commissioner with written reasons for any refusal.[179]
Warrants can be issued against Members of Parliament with the consent of the
Third, it has been recognised that the 'right to keep oneself to oneself, to tell other people that certain things are none of their business, is under technological threat' also from private corporations, as well as the state.[184] Through standard form contracts, tech corporations routinely appropriate users' private data for targeted advertising, particularly Google (e.g. search and browsing history, email, locations), Facebook (e.g. personal interactions, hobbies, messages), Microsoft (e.g. emails, or cloud documents) and others. Because people have no choice but to agree to the terms and conditions, consent is defective and contract terms are often unfair, legislation has been increasing in strength to reflect the fundamental 'right to the protection of personal data' in the European Union.[185]
The
There is a further right that data must be portable 'to another controller without hindrance',[191] for instance in switching phone contacts. Data may be disclosed for legitimate reasons, so in Rugby Football Union v Consolidated Information Services Ltd the Supreme Court held that a ticketing agency had no data protection defence against disclosing information to the Rugby Football Union about people who touted tickets against its rules, because the legitimate interest in stopping theft was stronger.[192]
Article 32 states a data controller must ensure the security of people's data, and notify supervisory authorities of any breach, including transfers to 'third countries' where the
The penalties for breach of GDPR rules, since it came into force in May 2018, can be up to 4% of a company's worldwide turnover, or €20m, whichever is higher.[194] There are also databases kept by UK state bodies, including the National Domestic Extremism Database, a DNA Database,[195] and a Police National Computer,[196] Related to this, the Supreme Court held in R(L) v Metropolitan Police Commissioner that there was no breach of privacy when a primary school's enhanced criminal record check on an applicant for a teaching assistant job showed the applicant's son was put on a child protection register because of neglect, and she was refused a job.[197]
A planned NHS patients' database, care.data, was abandoned because of protests about confidentiality and security of data.[198] Finally, claimants may sue any private party on the grounds of breach of confidence, an old equitable action,[199] although one that may be giving way to a tort of misuse of private information.[200] For instance, it was held that it was an unlawful breach of privacy for the Daily Mail to publish private journals of the Prince of Wales about the handover of Hong Kong to China stolen and leaked by a former employee.[201] It was also held to be unlawful for a newspaper to publish details of an applicant's private sexual life, even though in other countries the story had spread around the internet, because there was no 'public interest... in the disclosure or publication of purely private sexual encounters, even though they involve adultery or more than one person at the same time'.[167] In this way the common law has developed to uphold human rights.
Thought, conscience and religion
By contrast, the common law historically required punishment for "erroneous opinions concerning rites or modes of worship" to be provided for in legislation before it could be applied.
Both Acts were repealed by the
Unlike the Church of Scotland and Church in Wales, the Church of England is the established church in England and enjoys certain privileges and rights in law.[207] However, the promotion of anti-Christian views is no longer illegal and the law places no formal restrictions on the freedom of worship.[207] There is no formal legal definition of religion and courts generally abstain from deciding issues of religious doctrine.[208] The common law offences of blasphemy and blasphemous libel were abolished by the Criminal Justice and Immigration Act 2008.[209] A new offence of incitement to religious hatred was created by the Racial and Religious Hatred Act 2006[210] and discrimination on the grounds of religion is regulated by the Employment Equality (Religion or Belief) Regulations 2003.[211]
The Military Service Act 1916 and the National Service (Armed Forces) Act 1939 both provided for the possibility of exemption from military service on the basis of conscientious objection,[212] although the House of Lords has held that there would be no breach of human rights if such a possibility was not provided for.[213]
Expression
The right to freedom of expression is generally seen as being the 'lifeblood of democracy.'
The
After
The practical right to free expression is limited by (1) unaccountable ownership in the media, (2) censorship and obscenity laws, (3) public order offences, and (4) the law of defamation and breach of confidence. First, although anybody can stand on
This means that most speech, with most reach, is designed to be compatible with generating advertising revenue and shareholder profit for the newspaper, TV, or internet corporation, and controllers choose which speech or images are acceptable, unless the law creates different rights. While there are loose limits on cross-ownership of TV and newspapers,[226] there is no regulation yet separate advertising business and internet media platforms where their interests conflict with public goals. The Communications Act 2003 sections 319–321, regulates television (but not explicitly internet broadcasts, or newspapers) to ensure that diverse views are heard, and to restrict discriminatory viewing, or the stop misleading information, and allows a complaints procedure.[227]
The UK's transparent, and publicly accountable system of TV media regulation is consistently held to be compatible with freedom of expression.
Second, censorship and obscenity laws have been a highly traditional limit on freedom of expression. The Theatres Act 1968 prohibits obscenity in plays, that is 'indecent, offensive, disgusting or injurious to morality' but with a defence in the public good, while the Video Recordings Act 1984 section 9 makes it illegal to supply of a video without a classification certificate, which is graded according to sexual or violent activity. Obscene publications, since early common law,[229] have been banned although the idea of what is 'obscene' has changed from Victorian values.[230]
The
Disaffection means attempting to persuade the armed forces,[233] police,[234] or others,[235] to revolt or even withhold services. Racial hatred means 'hatred against a group of persons defined by reference to colour, race, nationality (including citizenship) or ethnic or national origins', and it is an offence to threaten, abuse or insult anyone, including through displays, to stir up racial hatred.[236] The same idea extends to religious hatred, sexual orientation and in practice disability.[237] In international law, it is also explicit, that advocacy of hatred includes 'incitement to discrimination' (as well as hostility or violence).[238]
The Terrorism Act 2006 defines incitement to terrorism as 'direct or indirect encouragement or other inducement' for 'commission, preparation or instigation of acts of terrorism', as well as glorifying terrorist acts (that is 'any form of praise or celebration') punishable with 7 years in prison.[239] Fourth, the laws of defamation and breach of confidence are designed to balance people's reputations and rights to privacy. The Defamation Act 2013 states that defamation means a statement that has or would 'cause serious harm to the reputation of the claimant', and if that claimant is a profit making body this requires 'serious financial loss'.[240]
The truth is always a defence for stating something factual, and a defendant may always show their statement 'is substantially true', or that they made a statement of honest opinion, rather than an assertion of fact. Further, of the statement is in the public interest, it will not be unlawful. Connected to this, news outlets should ask someone who is a subject of a story for their side.[241] Internet operators are liable for statements on their websites that are defamatory if the poster is hard to identify, and they fail on a notice by the claimant to remove the statement within 48 hours.[242] There can be no claim for defamation if a defendant has the 'absolute privilege' of making a statement in Parliament or reports, in the course of high state duty, internal documents or a foreign embassy, or reports of courts' proceedings.[243]
There is also 'qualified privilege' which gives a defence to defamation, but only if the writer asks the subject for an explanation or contradiction, for any legislative proceedings outside the UK, public enquiries, non-UK government documents, and matters of an international organisation.[244] Given the global nature of media, a claim in the UK must ensure that the UK is the 'most appropriate place', there is no long trial by jury, and courts can order removal of claims from many websites if it has spread.[245] Claims for breach of confidence are meant to protect the right to privacy. Examples have included an injunction against a retired security service officer who wrote a book called Spycatcher that revealed official secrets.[246] But the government lost its claim to have an injunction against a newspaper on the effects of thalidomide on new births.[247]
The courts have stated that there is no difference between the protection offered by the common law, and that guaranteed by the European Convention on Human Rights.[248]
Association and assembly
The rights to
Generally, the right to freedom of association involves three main principles.[251] First, there is a right to suffer no disadvantage for associating with others, for instance, because if an employer penalises workers for joining a trade union.[252] Second, one must be able to associate with others on the terms one wishes so that, for example, a political party or a trade union must be able to admit or expel members based on their political values and actions.[253] The flip side of this is that common law recognises a right not to be unjustly excluded from an association. For instance in Nagle v Feilden a horse trainer, Florence Nagle successfully claimed that the Jockey Club's refusal to grant her a training licence on grounds of her sex was unlawful.[254]
Third, there is a right to act upon the goals of the association, for instance by campaigning for election as a political party, or as a trade union collectively bargaining with an employer for better wages or if necessary going on strike.
Like freedom of association,
Any procession in the streets or highways is lawful,[260] although there is a duty to inform police 6 days in advance if it is to demonstrate for a cause.[261] This said, in Kay v Metropolitan Police Commissioner the House of Lords held that a regular cycling protest called Critical Mass required no notification because under the Public Order Act 1986 section 11(2) it was "commonly or customarily held" and it did not have a planned route.[262]
Although the Highways Act 1980 section 137 makes it an offence to obstruct a highway,[263] in DPP v Jones the House of Lords held that protestors who assembled on roads around Stonehenge despite police ordering them to disperse from a four-mile radius,[264] could not be lawfully arrested or convicted, because their occupation was 'not inconsistent with the primary right of the public to pass and repass.'[265] This established that peaceful meetings may be held on a highway so long as they do not restrict access by other road users.[266] As well as rights to use public spaces, the law creates positive rights to use public property, such as school halls, for public political meetings.[267]
Universities have a special duty, imposed in 1986, to 'ensure that freedom of speech within the law is secured for members... and for visiting speakers' and not denied use of premises based on their views or objectives.
The right to assembly does not yet extend to private property. In Appleby v UK the Court of Human Rights held there was no interference in
The Criminal Justice and Public Order Act 1994 also makes it an offence to trespass and reside, disrupt or quat on premises without the owner's consent.[277] Genuine belief in the importance of the cause is no defence,[278] and an injunction can be obtained for violations. however, in all of these offences the human right of freedom of assembly or expression of the protesters must be taken into account.[279]
There are four further significant public order offences. First, it is unlawful to riot, where 12 or more people use or threaten unlawful violence.[280] Second, using threatening, abusive or insulting words or behaviour, including on signs, is an offence if this could make people believe they will suffer immediate unlawful violence,[281] or if it causes or is likely to cause "harassment, alarm or distress."[282]
Insults did not include anti-apartheid protests at
Generally the police may arrest people who they honestly and reasonably think will risk a breach of the peace,[288] but in R (Laporte) v Gloucestershire Chief Constable the House of Lords held it was unlawful for police to stop a coach of demonstrators from travelling to RAF Fairford and turn it back to London. There was no evidence a breach of peace was imminent.[289] It regarded freedom of assembly as a residual right which individuals are free to exercise so long as the law does not preclude them from doing so.[290] By contrast, in Austin v United Kingdom the European Court of Human Rights held there was no breach of article 5, the right to liberty, when protestors were kettled in Oxford Circus without food or drink for 7 hours. They were held not to have been falsely imprisoned and the conduct was justified to stop breach of the peace. Arguments were not, however, made under article 11.[291] This said, the police must use their 'operational discretion' at all times with regard to human rights.[292]
Marriage
There is no general right to marry.[293][294] The necessary formalities in the Marriage Act 1949 must be observed if the marriage is to be valid and parties who are less than 18 years of age must obtain consent under the Children Act 1989.[295] The Civil Partnership Act 2004 introduced the concept of civil partnerships and the Marriage (Same Sex Couples) Act 2013 provides for same-sex marriage.[296][297] The right to obtain a divorce is contained in the Matrimonial Causes Act 1973.[298] The Gender Recognition Act 2004 allows transsexuals to change their legal gender.[299]
The right to respect for family life, for which there is no general right at common law,
Local authorities have a duty to act in a way to facilitate the right to family life, for example in providing travel arrangements for the elderly under the Health Services and Public Health Act 1968.
Torture and degrading treatment
The common law recognises that every person's body is "inviolate".[306] Interference will constitute the offence of common assault and the tort of battery.[307] Under the criminal law, an individual cannot consent to actual bodily harm and the House of Lords held in R v Brown that acts of sado-masochism committed in private between consenting adults did not give the author of the harm a valid defence in respect of his acts.[308] The Children Act 2004 removed the defence of reasonable chastisement in respect of acts committed against children and corporal punishment in schools was outlawed in the Education Act 1996.[309]
The Criminal Justice Act 1988 prohibits torture carried out by public officials in the performance of their duties and evidence obtained by torture is excluded by the common law.[310] The Bill of Rights 1689 outlawed cruel and unusual punishment and provided that an action for damages could be brought by victims.[311]
The Police and Criminal Evidence Act 1984 allows police to carry out "intimate searches" of suspects in custody without the person's consent.[312]
Enjoyment of possessions
Protection against the arbitrary deprivation of property was recognised in the
In civil cases, a judge may grant an Anton Piller order authorising the search of premises and seizure of evidence without prior warning.[citation needed] The order's purpose is to prevent the destruction of incriminating evidence, particularly in cases of alleged intellectual property infringement.[citation needed]
Freedom from discrimination
The common law has not traditionally provided effective protection against
Much of this legislation was consolidated into the Equality Act 2010, the bulk of which entered into force in October 2010,[323] which introduces an "equality duty" requiring public bodies to have due regard to the need to eliminate discrimination, to advance equality of opportunity and to foster good relations between people.[324] It imposes a duty on public bodies to publish information about compliance with the equality duty and to set equality objectives.[324] The Act clarifies existing legislation and simplifies the definition of direct discrimination, extends the definitions of indirect discrimination and harassment, regulates pay secrecy clauses in employment contracts and the use of health questionnaires by employers.[325] It gives employment tribunals new powers to make recommendations to employers.[325]
Electoral rights
The
The
European Union law
The United Kingdom sought to obtain a partial opt-out from the application of the Charter with the addition of Protocol 30 which affirms that the European Court of Justice does not have the jurisdiction to state a breach of the Charter by national laws, regulations or administrative provisions, practices or action, and that nothing in Title IV of the Charter concerning employment rights creates "justiciable rights" applicable to the United Kingdom unless those rights exist already in its law.[336] However, the Court of Justice held in December 2011 that Protocol 30 does not operate to exempt the United Kingdom from ensuring compliance with the Charter's provisions or from preventing a national court from doing so.[337][338] The extent to which Member States are bound by the Charter was highlighted in a judgment of the European Court of Justice from February 2013 which held that compliance is required where national legislation falls within the scope of European Union law.[339][340]
Other rights are conferred on UK nationals as
International law
The United Kingdom is party to a number of international treaties and agreements which guarantee fundamental human rights and freedoms. However, as the UK is a dualist state, treaties and agreements ratified by the government have only indirect effect until and unless incorporated into domestic law.[345][346] The provisions of unincorporated treaties can have an impact on domestic law in a certain number of situations including the interpretation of legislation, the consideration of public policy and the assessment of the legality of the exercise of administrative discretion.[345]
In particular, there is a presumption that Parliament does not intend to legislate in a manner contrary to international agreements which have been ratified by the United Kingdom but not incorporated into domestic law.
United Nations[349] | Ratified | Incorporated | Council of Europe[350] | Ratified | Incorporated |
---|---|---|---|---|---|
Convention on the Elimination of All Forms of Racial Discrimination
|
7 March 1969[351] | No[352] | European Convention on Human Rights | 8 March 1951[353] | Partially[354] |
International Covenant on Civil and Political Rights | 20 May 1976[355] | No[356] | Protocol 1 | 3 November 1952[357] | Yes[358] |
First Optional Protocol | No[359] | No[356] | Protocol 4 | Signed 16 September 1963[360] | No[361] |
Second Optional Protocol | 10 December 1999[362] | No[356] | Protocol 6 | 20 May 1999[363] | Yes[361] |
International Covenant on Economic, Social and Cultural Rights | 20 May 1976[364] | No[352] | Protocol 7 | No[365] | No[361] |
Convention on the Elimination of All Forms of Discrimination Against Women | 7 April 1986[366] | No[367] | Protocol 12 | No[368] | No[369] |
Optional Protocol
|
Acceded 17 December 2004[370] | No[367] | Protocol 13 | 10 October 2003[371] | Yes[93] |
United Nations Convention Against Torture | 8 December 1988[372] | Partially[373] | Protocol 14 | 28 January 2005[374] | n/a |
Optional Protocol
|
10 December 2003[375] | No[352] | Protocol 15 | Signed 24 June 2013[376] | n/a |
Convention on the Rights of the Child | 16 December 1991[377] | No[378] | European Social Charter | 11 July 1962[379] | No[380] |
Optional Protocol on the Involvement of Children in Armed Conflict | 24 June 2003[381] | No[378] | Revised European Social Charter | Signed 7 November 1997[382] | No[380] |
Optional Protocol on the sale of children, child prostitution and child pornography
|
20 February 2009[383] | No[378] | European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment | 24 June 1988[384] | Partially[385] |
Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families
|
No[386] | n/a[352] | European Charter for Regional or Minority Languages | 27 March 2001[387] | Partially[388] |
Convention on the Rights of Persons with Disabilities | 8 June 2009[389] | No[352] | Framework Convention for the Protection of National Minorities | 15 January 1998[390] | Partially[391] |
Optional Protocol | 7 August 2009[392] | No[352] | Convention on Action against Trafficking in Human Beings
|
17 December 2008[393] | Partially[394] |
Human rights violations and criticism
While protection of human rights is generally robust, the
Northern Ireland
During the 1970s and 1980s, the
The
On 2 December 2014, in response to petitions from organisations including Amnesty International and the Pat Finucane Centre after RTÉ broadcast a documentary entitled The Torture Files[404] – which included evidence that the UK government of the time had intentionally misled the European Courts by withholding information, and that the decision to use the five techniques had been taken at UK cabinet level – the Minister for Foreign Affairs and Trade, Charles Flanagan, announced that the Irish government had formally petitioned the EUCHR to re-examine the case.[405]
As of January 2016, the case remains before the EUCHR (EDIT: In 2018 the EUCHR decided the previous judgement was final
War on Terror
Since 2001, the "
Both the above Acts have been criticised for the lack of parliamentary discussion; the Anti-terrorism, Crime and Security Act 2001 went from introduction to
The Civil Contingencies Act 2004 has also been criticised as giving the government very wide-ranging power in an emergency.[citation needed]
On 2 February 2005 Parliament's Joint Committee on Human Rights also suggested that the Identity Cards Act 2006 might contravene Article 8 of the European Convention (the right to respect for private life) and Article 14 (the right to non-discrimination).[411]
In 2015, Home Secretary Theresa May introduced a Counter-Terrorism and Security Act, which was criticized by the civil liberties and human rights pressure group Liberty because 'Sadly this Bill ignores reforms that could improve the effectiveness of investigations and prosecutions and continues the discredited trend of unnecessary and unjust blank cheque powers that have the potential to undermine long term security'.[412]
Internment
Following the
Part 4 did not create new detention powers – under the 1971 Immigration Act, the Home Secretary has the power to detain a foreign national pending deportation. Instead, Part 4 removed a limitation on detention powers imposed by the requirements of Article 5(1)(f) of the European Convention on Human Rights (which provided, among other things, that someone could only be detained for a short period prior to deportation). This was achieved by the British government derogating from the ECHR on the basis that the threat to the UK amounted to a 'public emergency threatening the life of the nation' within the meaning of Article 15.[citation needed]
However, the use of immigration detention powers meant that, although the British government could not force them, the detainees were technically free to return (albeit facing a real risk of torture). However, 2 detainees did leave – one to France and one to Morocco.[citation needed]
In 2002, the
In December 2004, the House of Lords held 8-1 that Part 4 was incompatible with both Article 5 and Article 14 ECHR on the basis that indefinite detention was both a disproportionate measure notwithstanding the seriousness of the terrorist threat, as well as discriminatory.[citation needed]
Following the judgment, the government moved to introduce control orders as an (highly controversial) alternative measure. It was secured by the passing of the Prevention of Terrorism Act 2005 [citation needed], now repealed.
As per immigration policy documents from the Foreign Office, reviewed by The Guardian, the Downing Street sought advice on emulating the Australian offshore detention system model. Immigration policy experts warn that implementing the policy would create a fresh “human rights disaster”. Reportedly, dozens of people have died in the Australian detention network, while thousands of others have sustained mental trauma and self harm. The Australian government has been ordered in the past to pay a compensation of $70 million to about 2,000 detainees, following the case.[414]
Human trafficking
There has been a growing awareness of human trafficking as a human rights issue in the UK, in particular the trafficking of women and under-age girls into the UK for
Disabled residents
In January 2014, the UK became the first country in its history
Child spies
In July 2018, a committee of the House of Lords revealed that British police and intelligence agencies are using children as spies in covert operations against terrorists, gangs and drug dealers. The committee raised alarm over government plans to give law enforcement bodies more freedom over their use of children. Some of the child spies are aged under 16.[425] Parliament's joint committee on human rights has been asked to investigate the use of child spies by the police and security services. David Davis, the former Brexit secretary, Diane Abbott, the shadow home secretary, and a number of human rights groups have criticized the practice of using children as spies.[426]
Domestic abuse
On 8 June 2020, Human Rights Watch (HRW) urged the UK Government to fill the loopholes in the "Domestic Abuse Bill", which does not include measures to protect all women and girls. The plea came following a rampant rise in domestic abuse during the COVID-19 pandemic.[427]
Children's rights
According to a report by HRW and the Childhood Trust, the UK government was failing in its duty to ensure the right to adequate housing for homeless families. Thousands of homeless children in London are being placed in "uninhabitable" accommodations that violate their rights and cause "trauma".[428]
2022 Crime bill
The
The bill was based on the 2019 report by the conservative
2022 Nationality and Borders act
The Nationality and Borders Act 2022 was proposed in July 2021 relating to immigration, asylum and the UK's modern slavery response.[439] The Act also deals with
In November 2021, an amendment to the Bill was introduced which, if passed, would allow people to be deprived of British citizenship without being given notice. At the time the Home Office stated its position on citizenship: "British citizenship is a privilege, not a right".[445] As of 27 January 2022, it is in committee stage, with four sittings scheduled until February 10, 2022.[446]
Under Clause 62, a 'public order' exemption will give the Government powers to ban survivors from support if they have a conviction of 12 months or more.[447] Many non-violent crimes carry 12-month convictions, including activity routinely enforced by traffickers (such as marijuana cultivation[448] or petty theft).[449] The support exemption would also apply to children with custodial sentences.[450]
Exemption from support, on the basis of offending, raised concerns due to the overlap between forced criminality and modern slavery.[451] In the UK, a majority of reported survivors (49%) are forced to commit criminal activity as a result of their exploitation.[452]
Under Clauses 60-61, guidance would be issued by the Secretary of State to prevent survivors from accessing a second recovery period, which charities such as the Anti Trafficking Labour Exploitation Unit warned could penalise particularly vulnerable victims who are targeted for repeat exploitation: "It is unclear what situation this clause is designed to address".[453]
Under Clauses 57–58, the Secretary of State would be granted powers to issue potential victims with a 'deadline' by which point all evidence in their case must be shared with the relevant authority. Decision makers will be asked to consider compliance with the deadline as part of their decision as to whether or not somebody has been trafficked.[454] The proposal has been condemned by civil society[455][456] and the Independent Anti-Slavery Commissioner, Dame Sara Thornton,[457] as disadvantaging those whose memory recall is affected by severe trauma. Survivor groups have outlined the role that Clauses 57-58 could play in disincentivising survivors from reporting.[458][459]
Under Clause 59, the threshold that survivors must meet, in order to access the most urgent forms of support and subsistence, will be raised.[460] Under the current system, survivors have access to support, such as a caseworker or translator, before being subjected to the toughest stage of decision making. In November 2021, more than 110 non-profit organisations condemned the 'tightening up' of support, in a letter to the Home Secretary led by the Human Trafficking Foundation.[461]
In June 2021, the Joint Council for the Welfare of Immigrants labelled the proposals as "inhumane and farcical".[462]
In December 2021, the Scrap Part 5 campaign was launched by
European Court of Human Rights cases
By the end of 2010, the European Court of Human Rights had, in 271 cases, found violations of the European Convention of Human Rights by the United Kingdom.[4].[469] These judgments cover a wide variety of areas, from the rights of prisoners to trade union activities. The decisions have also had a profound effect and influence on the approach adopted by the UK to the regulation of activities which could potentially engage Convention rights. As one author has noted, "[t]here is hardly an area of state regulation untouched by standards which have emerged from the application of Convention provisions to situations presented by individual applicants."[470]
Notable cases involving violations of the Convention include:
- Criminal sanctions for private consensual homosexual conduct (Dudgeon, 1981);
- Refusal to legally recognise transsexuals (Rees, 1986);
- Different ages of consent for heterosexuals (Sutherland, 2000);
- Parents' rights to exempt their children from corporal punishment in schools (Campbell and Cosans, 1982);
- Sentencing a juvenile young offender to be "birched" (Tyrer, 1978);
- Wiretapping of suspects in the absence of any legal regulation (Malone, 1984);
- Restrictions on prisoners' correspondence and visits by their lawyers (Golder, 1975);
- Routine strip-searching of visitors to a prison (Wainwright, 2006);
- Allowing the Home Secretary rather than a court to fix the length of sentences (Easterbrook, 2003);
- Admitting Saunders, 1996);
- Keeping a suspect incommunicado in oppressive conditions without access to a solicitor (Magee, 2000);
- Extradition of a suspect to the United States to face a capital charge (Soering, 1989);
- Granting the police blanket immunity from prosecution (Osman, 1998);
- Shooting of Provisional Irish Republican Army suspects in Gibraltar without any attempt to arrest them (McCann, 1995);
- Killing of a prisoner by another mentally ill detainee with whom he was sharing a cell (Edwards, 2002);
- Investigation of an unlawful killing by police officers conducted by the police officers who participated in the killing (McShane, 2002);
- Failure to protect a child from ill-treatment at the hands of his stepfather (A, 1998);
- Failure by a local authority to take sufficient measures in the case of severe neglect and abuse of children by their parents over several years (Z, 2001);
- Ineffective monitoring of a young prisoner who committed suicide during a short sentence (Keenan, 2001);
- Keeping a disabled person in dangerously cold conditions without access to a toilet (Price, 2001);
- Granting of an injunction against the Sunday Times for publishing an article on the effects of thalidomide(Sunday Times, 1979);
- Injunction against the Sunday Times for publishing extracts from the Spycatcher novel (Sunday Times (no. 2), 1991);
- Ordering a journalist to disclose his sources (Goodwin, 1996);
- Agreement obliging employees to join a certain trade union in order to keep their jobs (Young, 1981);
- Keeping a database of Marper, 2008);
- Forcing individuals to social security payments stopped (Reilly, 2012, leading to the passing of the Jobseekers (Back to Work Schemes) Act 2013 as an ex post facto law,[472] itself also criticised for violating human rights treaties[473]).
Human rights organisations
There are three
- The first such body to be created was the Belfast (Good Friday) Agreement; its powers were strengthened by the Justice and Security (Northern Ireland) Act 2007. The Commission is mandated to promote and protect human rights in Northern Ireland through advising on legislation and policy, providing legal assistance to individuals, intervening in litigation, conducting litigation in its own name, publications, research, investigations, monitoring compliance with international standards, and education and training.
- The Equality and Human Rights Commission (EHRC, www.equalityhumanrights.com) deals with anti-discrimination and equality issues in England, Scotland and Wales, and with human rights issues in England and Wales, and certain human rights issues in Scotland (those not devolved to the Scottish Parliament).
- The Scottish Human Rights Commission (SHRC, www.scottishhumanrights.com) was established by The Scottish Commission for Human Rights Act 2006 (Scottish Parliament), and became fully operational on 10 December 2008, Human Rights Day, and the 60th Anniversary of the Universal Declaration of Human Rights. The Commission is mandated to promote and protect human rights in Scotland in relation to civil, political, economic, social and cultural rights, through publications, research, inquiries, advice, monitoring, legal intervention and education and training.
See also
- Amnesty International, the largest human rights organisation in the world, was set up in the UK;
- ARTICLE 19works to promote freedom of expression in the UK and worldwide;
- the Committee on the Administration of Justice is a human rights NGO in Northern Ireland.
- The Convention on Modern Libertyis a British voluntary body and programme of the Open Trust that aims to highlight what it sees as the erosion of civil liberties in the UK;
- the Islamic Human Rights Commission is a non-profit organisation based in London;
- JUSTICE is a human rights and law reform organisation based in the UK. It is the British Section of the International Commission of Jurists. Its mission is to promote human rights and advance the rule of law in the UK;
- Liberty is an influential pressure group which aims to protect civil libertiesin the UK.
- Michael Mansfield
Notes
- ^ "The UK and the European Court of Human Rights" (PDF). Equality and Human Rights Commission. Spring 2012. p. 9. Archived from the original (PDF) on 13 April 2016. Retrieved 16 March 2016.
- Northern Ireland law.
- Magna Carta 1215clauses 12 (no tax without consent), 39 (fair trial), 40 (justice), 41 (free movement of merchants), and 47 (disafforesting common land).
- ^ "Magna Carta". The British Library. Archived from the original on 6 October 2014. Retrieved 3 October 2014.
- ^ "Origins and growth of Parliament". The National Archives. Retrieved 17 November 2013.
- ^ Blick, Andrew (13 March 2015). "Magna Carta and contemporary constitutional change". History & Policy. Retrieved 21 July 2016.
- ^ a b "Human Rights". The British Library. Archived from the original on 14 January 2015. Retrieved 3 October 2014.
- ^ "Locke's Two Treatises". The British Library. Archived from the original on 6 October 2014. Retrieved 3 October 2014.
- ^ cf Pannick & Lester (2004), para. 1.02 and Feldman (2002) 70 criticising the "undifferentiated mass of liberty".
- ^ (1772) 98 ER 499
- ^ AW Blumrosen, 'The Profound Influence in America of Lord Mansfield's Decision in Somerset v Stuart' (2007) 13 Texas Wesleyan Law Review 645
- J Bentham, Anarchical Fallacies; Being an Examination of the Declarations of Rights Issued During the French Revolution (1789) art II
- A Vindication of the Rights of Woman: with Strictures on Political and Moral Subjects (1792). See also O de Gouges, Declaration of the Rights of Woman and of the Female Citizen(1791)
- Second Reform Act 1867 and the Trade Union Act 1871.
- Re Wünsche Handelsgesellschaft(22 October 1986) BVerfGE 73, 339 (first setting out the basic concepts).
- ^ ECHR arts 2 (right to life). Article 3 (right against torture). Article 4, right against forced labour, see Somerset v Stewart (1772) 98 ER 499. Articles 12-14 are the right to marriage, effectiveness and to equal treatment.
- ^ ECHR arts 5-11.
- ^ "UK to appoint first human rights ambassador". The Guardian. 20 May 2019. Retrieved 20 May 2019.
- ^ "Lords can stop police getting pre-emptive protest ban rights, Green peer says". The Guardian. 27 January 2023.
- ^ "New measures to silence climate activists? They'll only spur us on | Indigo Rumbelow". The Guardian. 16 January 2023.
- ^ Skidelsky, Robert (17 January 2023). "The Return of Thoughtcrime | by Robert Skidelsky". Project Syndicate.
- ^ Morell, Anna (18 January 2023). "'The Public Order Bill will remove what little voice disabled people have'". mirror.
- ^ "The Police Are Psychics Now, Apparently". Novara Media.
- ^ McGee, Luke (17 January 2023). "The British government wants to hand police unprecedented powers to handle protesters. Human rights activists say it's an affront to democracy". CNN.
- ^ Clayton & Tomlinson (2009), para. 1.59.
- ^ a b Clayton & Tomlinson (2009), para. 1.47.
- ^ Feldman (2002), p. 72.
- ^ Wicks (2000), pp. 444–445.
- ^ Wicks (2000), p. 445.
- ^ Wicks (2000), p. 446.
- ^ a b Wicks (2000), p. 447.
- ^ Bogdanor (2009), p. 57.
- ^ a b Fenwick (2007), p. 141.
- ^ Marston (1993), p. 796.
- ^ Wadham et al. (2011), para. 1.05.
- ^ a b Wicks (2000), p. 448.
- ^ Wicks (2000), pp. 448–449.
- ^ Wicks (2000), p. 451.
- ^ Wadham et al. (2011), para. 1.18.
- ^ Wicks (2000), p. 452.
- ^ Wicks (2000), pp. 452–453.
- ^ Wicks (2000), p. 453.
- ^ Wicks (2000), pp. 453–454.
- ^ Lester (1998), p. 239.
- ^ Wicks (2000), p. 454.
- ^ Lester (1998), p. 251.
- ^ Lester (1998), p. 252.
- ^ Clayton & Tomlinson (2009), para. 1.48.
- ^ Lester (1998), p. 253.
- ^ a b Wadham et al. (2011), para. 1.19.
- ^ Clayton & Tomlinson (2009), para. 1.50.
- ^ Wadham et al. (2011), para. 1.20.
- ^ a b Wadham et al. (2011), para. 1.21.
- ^ a b c Feldman (2002), p. 78.
- ^ a b Clayton & Tomlinson (2009), para. 1.55.
- ^ a b c Fenwick (2007), p. 143.
- ^ Amos (2006), p. 6.
- ^ Feldman (2002), p. 79.
- ^ Clayton & Tomlinson (2009), para. 1.56.
- ^ a b c d Wadham et al. (2011), para. 1.22.
- ^ Clayton & Tomlinson (2009), para. 1.57.
- ^ "Smith backs reform of state". The Independent. 2 March 1993. Retrieved 4 November 2013.
- ^ a b Wadham et al. (2011), para. 1.23.
- ^ Clayton & Tomlinson (2009), para. 1.58.
- ^ a b Wadham et al. (2011), para. 1.24.
- ^ a b Fenwick (2007), p. 160.
- ^ "Lords Hansard text for 3 Nov 1997 (171103-03)". publications.parliament.uk. Retrieved 13 October 2020.
- ^ "Lords Hansard text for 29 Jan 1998 (180129-27)". publications.parliament.uk. Retrieved 13 October 2020.
- ^ "Lords Hansard text for 18 Nov 1997 (171118-15)". publications.parliament.uk. Retrieved 13 October 2020.
- ^ a b "Orders of the Day — Human Rights Bill [Lords]: 16 Feb 1998: House of Commons debates". TheyWorkForYou. Retrieved 13 October 2020.
- ^ Klug (1999), pp. 246–247.
- ^ "House of Commons Hansard Debates for 3 Jun 1998 (pt 33)". publications.parliament.uk. Retrieved 13 October 2020.
- ^ "House of Commons Hansard Debates for 3 Jun 1998 (pt 40)". publications.parliament.uk. Retrieved 13 October 2020.
- ^ "House of Commons Hansard Debates for 21 Oct 1998 (pt 43)". publications.parliament.uk. Retrieved 13 October 2020.
- ^ Klug (1999), pp. 272–273.
- ^ Amos (2006), p. 8.
- ^ Wadham et al. (2011), para. 3.15.
- ^ Wadham et al. (2011), para. 3.23.
- ^ Wadham et al. (2011), para. 3.05.
- ^ Wadham et al. (2011), para. 3.72.
- ^ Wadham et al. (2011), para. 3.11.
- ^ Wadham et al. (2011), para. 3.14.
- ^ a b Clayton & Tomlinson (2009), para. 4.91.
- ^ "Protecting and promoting human rights at home and abroad". The Scottish Government. 6 August 2015. Retrieved 16 March 2016.
- ^ David Cameron: Scrap the Human Rights Act, 24 August 2007, Daily Telegraph
- ^ Hijacker ruling draws criticism, BBC News, 12 May 2006
- ^ "Cameron 'will fix human rights mess'". BBC News. 15 June 2015.
- ^ "Consequences 'dire' if Human Rights Act ditched, more than 50 groups warn". The Guardian. 9 May 2022. Retrieved 9 May 2022.
- ^ Van Colle v Chief Constable of Hertfordshire [2008] UKHL 50; [2009] 1 AC 225 at [58]
- ^ Dicey (1889), pp. 239–240, 271.
- ^ Clayton & Tomlinson (2009), para. 7.08.
- ^ Lester & Oliver (1997), para. 106.
- ^ a b Clayton & Tomlinson (2009), para. 7.20.
- ^ Clayton & Tomlinson (2009), para. 7.44.
- ^ Clayton & Tomlinson (2009), para. 7.09.
- ^ Clayton & Tomlinson (2009), para. 7.24.
- ^ Clayton & Tomlinson (2009), paras. 7.16 and 7.19.
- ^ Clayton & Tomlinson (2009), para. 5.130.
- ^ R v Inhabitants of Eastbourne, (1803) 4 East 103.
- ^ Smith v Brown and Cooper, (1706) 2 Ld Raym 1274.
- ^ a b Clayton & Tomlinson (2009), para. 9.06.
- ^ Clayton & Tomlinson (2009), para. 9.07.
- ^ Clayton & Tomlinson (2009), paras. 9.08-9.09.
- ^ "Government fail to overturn Poundland work scheme ruling". BBC News Online. 30 October 2013. Retrieved 30 October 2013.
- Magna Carta 1215 ch XXIX, 'NO Freeman shall be taken or imprisoned, or be disseised of his Freehold, or Liberties, or free Customs, or be outlawed, or exiled, or any other wise destroyed; nor will We not pass upon him, nor condemn him, but by lawful judgment of his Peers, or by the Law of the Land. We will sell to no man, we will not deny or defer to any man either Justice or Right.'
- article 4. See also the Habeas Corpus Act 1679 and Bird v Jones(1845) 7 QB 742.
- ^ cf Benjamin Franklin, Objections to Barclay's Draft Articles of 16 February (1775) 'They who can give up essential Liberty to obtain a little temporary Safety, deserve neither Liberty nor Safety.'
- International Covenant on Civil and Political Rights 1966 arts 9-16
- ^ ECHR art 5(1)
- ^ ECHR art 5(2)-(5)
- ^ AW Bradley, KD Ewing and CJS Knight, Constitutional and Administrative Law (2018) 398, 'Every power conferred on police officers inevitably means a corresponding reduction in the liberty of the individual, and brings us face to face with Convention obligations.'
- ^ Home Affairs Committee, Policing in the 21st Century (2007–08) HC 364-I, para 67, the UK spent 2.5% of GDP on police, the OECD's highest.
- ^ Police Reform Act 2002 s 40
- PACEA 1984ss 1 and 117
- PACEA 1984s 2, and s 3 requires details are recorded.
- ^ Home Office Code A, para 2.2B(b). The Misuse of Drugs Act 1971 s 23 enables stop and search powers for unlawful drugs. M Townsend, 'Racial bias in police stop and search getting worse, report reveals' (13 October 2018) Guardian, finds black people are 9 times more likely than white people to be searched. In 2019, 43% of searches in London were on black people: (26 January 2019) Guardian. See also K Rawlinson, 'Bristol race relations adviser Tasered by police is targeted again' (19 October 2018) Guardian.
- ^ Jackson v Stevenson (1879) 2 Adam 255, per the Lord Justice General
- ^ Criminal Justice and Public Order Act 1994 s 60(5) and see B Bowling and E Marks, 'The rise and fall of suspicionless searches' (2017) 28 KLJ 62.
- ^ R (Roberts) v MPC [2015] UKSC 79.
- PACEA 1984s 24
- ^ Alanov v Sussex CC [2012] EWCA Civ 235, 'the "threshold" for the existence of "reasonable grounds" for suspicion is low... small, even sparse.' Also R (TL) v Surrey CC [2017] EWHC 129
- ^ Magistrates’ Courts Act 1980 s 1 and 125D-126. nb Constables Protection Act 1750 s 6 means a constable who arrests someone in good faith is protected from liability from arrest if it turns out the warrant was beyond the jurisdiction of the person who issued it.
- PACEA 1984 s 24A
- PACEA 1984 s 28. Hill v Chief Constable of South Yorkshire [1990] 1 All ER 1046, s 28 is a rule ‘laid down by Parliament to protect the individual against the excess or abuse of the power of arrest’. Christie v Leachinsky[1947] AC 573, 'the arrested man is entitled to be told what is the act for which he is arrested.'
- PACEA 1984ss 30-39
- PACEA 1984ss 41-45ZA.
- PACEA 1984 ss 54-58 and Terrorism Act 2000 s 41 and Sch 8 para 9. Ibrahim v UK [2016] ECHR 750, suggests that damages were recoverable for denial of access to a solicitor in breach of Convention rights. cf Cullen v Chief Constable of the RUC[2003] UKHL 39, held there was no right to damages for failure to permit legal representatives, but evidence may be inadmissible.
- PACEA 1984ss 60-64A.
- ^ Condron v UK (2000) 31 EHRR 1, 20 the right to silence is in ECHR art 6, 'at the heart'. But drawing adverse inferences is not an infringement.
- ^ Beckles v UK (2003) 36 EHRR 162
- PACEA 1984ss 76-78.
- ^ Brown v Stott [2001] 1 AC 681, on the Road Traffic Act 1988
- PACEA 1984 ss 9-14 and Sch 1, paras 4-12. See R v Singleton(1995) 1 Cr App R 431.
- ^ Thomas v Sawkins [1935] 2 KB 249, power to enter to stop breach of peace: controversial. KD Ewing and C Gearty, The Struggle for Civil Liberties (2000) ch 6.
- ^ McLeod v UK (1998) 27 EHRR 493
- PACEA 1984ss 19 and 21, a record must be provided to the occupier, and a person has a right of access under police supervision unless this would prejudice investigation.
- Woolf LJ
- ^ Police Act 1996 s 89
- ^ R v Iqbal [2011] EWCA Crim 273
- ^ Police Act 1996 s 88, Police Reform Act 2002 s 42 and Kuddus v Chief Constable of Leicestershire Constabulary [2001] UKHL 29
- PACEA 1984 ss 76-78 and see R v Khan [1997] AC 558, an illegally placed surveillance device evidence was admissible, even with probable ECHR art 8 breach, but merely 'a consideration which may be taken into account for what it is worth'. Schenck v Switzerland (1988) 13 EHRR 242, irregularly obtained evidence can be admitted. R v Loosely[2001] UKHL 53, no need to changes 78 for the ECHR.
- ^ Police Reform and Social Responsibility Act 2011 s 1
- ^ Police Act 1996 ss 37A-54
- ^ e.g. R v MPC ex p Blackburn (No 3) [1973] QB 241
- Hill v CC of West Yorkshire[1989] AC 53
- Osman v UK (2000) 29 EHRR 245, ECHR art 2 requires the state 'to take preventive operational measures to protect an individual whose life is at risk from the criminal acts of another individual.' But breach hard to establish. DSD v MPC[2018] UKSC 11
- ^ Clayton & Tomlinson (2009), paras. 10.76-10.80.
- ^ Clayton & Tomlinson (2009), paras. 10.95 and 10.122.
- ^ Clayton & Tomlinson (2009), paras. 10.143 and 10.146.
- ^ Lester & Oliver (1997), para. 119.
- ^ Clayton & Tomlinson (2009), para. 11.06.
- ^ Clayton & Tomlinson (2009), para. 11.124.
- ^ Clayton & Tomlinson (2009), para. 11.166.
- ^ Clayton & Tomlinson (2009), paras. 11.142 and 11.181.
- ^ Clayton & Tomlinson (2009), paras. 11.205-11.206.
- ^ Clayton & Tomlinson (2009), para. 11.210.
- ^ Clayton & Tomlinson (2009), paras. 11.215 and 11.217.
- ^ Clayton & Tomlinson (2009), para. 11.221.
- ^ Clayton & Tomlinson (2009), para. 11.231.
- ^ Clayton & Tomlinson (2009), para. 11.250.
- ^ Clayton & Tomlinson (2009), para. 11.253.
- ^ Clayton & Tomlinson (2009), para. 11.254.
- ^ Clayton & Tomlinson (2009), para. 11.262, 11.270 and 11.272.
- ^ "The law of 'double jeopardy'". BBC News Online. 11 September 2006. Retrieved 30 October 2013.
- ^ Clayton & Tomlinson (2009), para. 11.302.
- Semayne’s case(1604) 77 Eng Rep 194, Sir Edward Coke, 'The house of every one is to him as his castle and fortress, as well for his defence against injury and violence as for his repose.'
- ^ a b PJS v News Group Newspapers Ltd [2016] UKSC 26, [32]
- ECHR article 8
- ^ (1765) 19 St Tr 1030
- ^ Protection of Freedoms Act 2012 explanatory notes stated over 1300 statutory provisions enable entry into people's homes, and while ss 39-47 and Sch 2 enable a Minister to repeal and replace these powers, the government continued to add them, e.g. Scrap Metal Dealers Act 2013 s 16(1)
- ^ See AW Bradley, KD Ewing and CJS Knight, Constitutional and Administrative Law (2018) ch 16, 429, not just the state but private parties violate privacy, highlighting 'newspapers engaged in a desperate circulation war, or employers checking on employees'. S Zuboff, The Age of Surveillance Capitalism: The Fight for a Human Future at the New Frontier of Power (2019)
- ECHR article 8.
- ^ Police Act 1997 s 104
- RIPA 2000ss 26-36.
- ^ Investigatory Powers Tribunal, Report 2010 (2011) 28.
- ^ R v Barkshire [2011] EWCA Crim 1885.
- ^ [2012] UKSC 62, [21] Lord Hope, 'He took the risk of being seen and of his movements being noted down. The criminal nature of what he was doing, if that was what it was found to be, was not an aspect of his private life that he was entitled to keep private.'
- ^ Investigatory Powers Act 2016 ss 6 and 20
- IPA 2016ss 19 and 23
- IPA 2016s 26
- IPA 2016s 56
- ^ Privacy International v Foreign Secretary [2016] UKIPTrib 15_110-CH
- ^ a b House of Commons, Digital, Culture, Media and Sport Committee, Disinformation and 'fake news': Final Report (2019) HC 1791
- Lord Hoffmann
- Charter of Fundamental Rights of the European Union 2000 art 8
- GDPR 2016arts 5-6
- GDPR 2016arts 6-7
- ^ See the Consumer Rights Act 2015 at present.
- GDPR 2016 arts 12-14
- GDPR 2016art 17. Also art 18 gives the right to restrict processing.
- GDPR 2016 art 20
- ^ [2012] UKSC 55
- ^ House of Commons, Digital, Culture, Media and Sport Committee, Disinformation and 'fake news': Final Report (2019) HC 1791, [150] and [255]-[256]
- GDPR 2016art 83.
- ^ S and Marper [2008] ECHR 1581, limits to retain DNA information
- ^ Police and Criminal Evidence Act 1984 s 27(4) and National Police Records (Recordable Offences) Regulations 2000/1139, recording people's convictions, cautions, reprimands, and warnings for any offence punishable with prison or in the Schedule.
- ^ [2009] UKSC 3
- ^ cf J Kollewe, 'NHS data is worth billions – but who should have access to it?' (10 June 2019) Guardian and S Boseley, 'NHS to scrap single database of patients' medical details' (6 July 2016) Guardian
- ^ Prince Albert v Strange (1849) 1 Mac&G 25
- ^ R (Ingenious Media Holdings plc) v HMRC [2016] UKSC 54 and Campbell v MGN Ltd [2004] UKHL 22, [14] per Lord Nicholls, and [2005] UKHL 61
- ^ Associated Newspapers Ltd v Prince of Wales [2006] EWCA Civ 1776
- Redfearn v Serco Ltd [2012] ECHR 1878
- ^ a b c d Clayton & Tomlinson (2009), para. 14.03.
- ^ Harrison v Evans, (1767) 3 Bro Parl Cas 465.
- ^ "Law ending exclusively male royal succession now law". BBC News Online. 25 April 2013. Retrieved 30 October 2013.
- ^ Clayton & Tomlinson (2009), para. 14.24.
- ^ a b Clayton & Tomlinson (2009), para. 14.04.
- ^ Clayton & Tomlinson (2009), para. 14.06.
- ^ Clayton & Tomlinson (2009), para. 14.18.
- ^ Clayton & Tomlinson (2009), para. 14.22.
- ^ Clayton & Tomlinson (2009), para. 14.26.
- ^ Clayton & Tomlinson (2009), para. 14.23.
- ^ Sepet v Secretary of State for the Home Department, [2003 1 WLR 856].
- ^ R v Home Secretary, ex p Simms [2000] 2 AC 115, 126
- ^ R v Penn and Mead or Bushell’s case (1670) 6 St Tr 951, prosecuting Quakers under the Religion Act 1592 (offence to not attend church) and the Conventicle Act 1664 and Conventicles Act 1670 (prohibitions on religious gatherings over five people outside the Church of England).
- Unlawful Oaths Act 1797.
- ^ Roman Catholic Relief Act 1829, and contrast the Gordon Riots following the Papists Act 1778.
- International Covenant on Civil and Political Rights 1966 arts 18-20
- ^ The oldest free speech and debating society in the world is Cogers (est 1755), while Cambridge Union was established in 1815 and Oxford Union in 1823. Most universities have student debating societies.
- ^ Generally the same laws apply to these places of free speech as in the whole country: see Redmond-Bate v DPP [2000] HRLR 249 (Speakers' Corner), Bailey v Williamson (1873) 8 QBD 118 (Hyde Park), and DPP v Haw [2007] EWHC 1931 (Admin).
- Leveson Report(2012–13) HC 779 discussing media concentration and competition.
- ^ In 2019, these were (1) YouTube and Google, owned by Alphabet, which is controlled by Larry Page and Sergey Brin (2) Facebook, controlled by Mark Zuckerberg, and (3) Twitter, controlled by Jack Dorsey.
- Sky, owned by Comcast which is controlled by Brian L. Roberts.
- The i, controlled by Alexander Lebedev(who also has a majority stake with Lord Rothermere in the Evening Standard).
- S Deakin, 'The Coming Transformation of Shareholder Value' (2005) 13(1) Corporate Governance 11.
- ^ Communications Act 2003 s 3 requires Ofcom to maintain 'sufficient plurality', s 391, requires regular review of media ownership by Ofcom, sent to Secretary of State, under the Broadcasting Act 1990 Sch 2, and CA 2003 Sch 14, para 1, states a person cannot hold a Channel 3 (ITV) licence if he runs a national newspaper/s with market share over 20% over a 6-month period.
- ^ This is detailed by the Ofcom, Broadcasting Code (2017). An Independent Press Standards Organisation operates for newspapers, see R (News Media Association) v Press Recognition Panel [2017] EWHC 2527, but this has no publicly accountable legal basis after the industry chose to boycott one.
- ECHR article 10. cf R v Central Independent Television plc[1994] Fam 192
- ^ e.g. Curl’s case (1727) 17 St Tr 153
- ^ In the Obscene Publications Act 1857 debate, Lord Campbell, HL Deb (25 June 1857) col 329 said obscene meant 'exclusively to works written for the single purpose of corrupting the morals of youth, and of a nature calculated to shock the common feelings of decency in any well regulated mind'. In R v Hicklin (1868) LR 3 QB 360, Lord Cockburn CJ (a notorious womaniser) held there immunity for a medical treatise depended on the circumstances, and the author's intent could be taken into account.
- ^ See Shaw v DPP [1962] AC 220, finding obscene an illustrated magazine with contacts for prostitutes, and convicting the publisher, Shaw, for conspiracy, Lord Reid dissenting. Knuller Ltd v DPP [1973] AC 435 finding a gay magazine for men to meet other men was involved in a 'conspiracy' to 'corrupt public morals' even though homosexuality ceased to be criminal in the Sexual Offences Act 1967, Lord Reid and Lord Diplock dissenting.
- ^ Old offences of seditious libel and blasphemous libel were removed by the Criminal Justice and Coroners Act 2009 s 73. See previously R v Burns (1886) 16 Cox CC 355, R v Aldred (1909) 22 Cos CC 1, R v Lemon [1979] AC 617, and Gay News Ltd v UK (1982) 5 EHRR 123 (linking Jesus Christ to homosexuality).
- ^ Incitement to Disaffection Act 1934, makes it an offence to maliciously and advisedly endeavour to seduce a member of the armed forces from that person's duty or allegiance.
- ^ Police Act 1996 s 91 prohibits causing disaffection among police officers or inducing them to withhold services or commit breaches of discipline. This effectively prohibits strikes, or calling for them, although it appears unenforceable in practice.
- ^ Aliens Restriction (Amendment) Act 1919 s 3 prohibits an 'alien' from causing sedition or disaffection among civil population and armed forces.
- ^ Public Order Act 1986 ss 17-27, first introduced in the Race Relations Act 1965.
- POA 1986 ss 29A-29N. Criminal Justice and Immigration Act 2008s 74, Sch 16. College of Policing, Hate Crime Operational Guidance (2014) on disability.
- International Covenant on Civil and Political Rights 1966 art 20 '(1) Any propaganda for war shall be prohibited by law. (2) Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law.' In the UK this would engage the Equality Act 2010, and could include incitement to discriminate against immigrants.
- ^ Terrorism Act 2006 ss 1-3 and 20
- ^ A trade union, central and local government appear unable to bring defamation claims: EETPU v Times Newspapers [1980] 1 All ER 1097 (trade unions), Derbyshire CC v Times Newspapers Ltd [1993] AC 534 (local government).
- ^ Reynolds v Times Newspapers Ltd [2001] 2 AC 127
- ^ Defamation Act 2013 s 5 and The Defamation (Operators of Websites) Regulations 2013 Schedule
- ^ Prebble v Television New Zealand Ltd [1995] 1 AC 321, Chatterton v Secretary of State of India [1895] 2 QB 189, Parliamentary Commissioner Act 1967 s 10(5), Al-Fayed v Al-Tajir [1988] QB 712, Defamation Act 1996 s 14(3)
- ^ Webb v Times Publishing Co [1960] 2 QB 535, Tsikata v Newspaper Publishing plc [1997] 1 All ER 655, Curistan v Times Newspapers Ltd [2008] EWCA Civ 432, and Defamation Act 1996 Sch 1, part 1.
- ^ Defamation Act 2013 ss 9-13
- Attorney General v Guardian Newspapers Ltd(1992) 14 EHRR 153
- ^ Sunday Times v United Kingdom (1979–80) 2 EHRR 245
- Attorney-General v Guardian Newspapers Ltd (No. 2), [1988UKHL 6].
- ^ AW Bradley, KD Ewing and CJS Knight, Constitutional and Administrative Law (2018) ch 18 and E McGaughey, A Casebook on Labour Law (2019) ch 8, 324, stating freedom of association "is fundamental to democratic society... workers taking collective action were major... factors contributing to the deposition of German Kaiser in 1918, Indian independence in 1948, the victory of the US civil rights movement in 1964, the collapse of the Iron Curtain in 1989, and the end of apartheid South Africa in 1994".
- International Covenant on Economic, Social and Cultural Rights 1966art 8, both ratified by the UK.
- ^ KD Ewing, 'The Implications of Wilson and Palmer' (2003) 32(1) Industrial Law Journal 1-22
- Wilson v United Kingdom [2002] ECHR 552, where an employee for the Daily Mailwho was not given a raise after he refused to give up trade union membership was held to have suffered an unlawful detriment, violating his freedom of association.
- ASLEF, could expel a member of the fascist group, the British National Party, because it was committed to equality.
- ^ Nagle v Feilden [1966] 2 QB 633
- secondary action.
- ^ Terrorism Act 2000 s 3 and Sch 2, with a growing list of banned organisations.
- ^ e.g. Crofter Hand Woven Harris Tweed Co Ltd v Veitch [1941] UKHL 2 and Mogul Steamship Co Ltd v McGregor, Gow & Co [1892] AC 25
- Redmond-Bate v Director of Public Prosecutions[2000] HRLR 249
- Verrall v Great Yarmouth Borough Council[1981] 1 QB 202
- ^ AL Goodhart, 'Public Meetings and Processions' (1937) 6 CLJ 161, 169
- ^ Public Order Act 1986 ss 11-16. Police can impose conditions on duration and numbers, and may apply for a banning order but only if serious public disorder could not be controlled with conditions. In Scotland, the Civic Government (Scotland) Act 1982 ss 62-64 requires 28 days notification.
- ^ [2008] UKHL 69
- ^ Highways Act 1980 s 137 is inconsistent with many other EU member state and Commonwealth country rules, see e.g. Eugen Schmidberger, Internationale Transporte und Planzüge v Austria (2003) C-112/00
- ^ Public Order Act 1980 s 14A
- ^ [1999] UKHL 5, [1999] 2 AC 240, a 3 to 2 decision.
- ^ DPP v Jones [1999] 2 WLR 625
- Anti-social Behaviour, Crime and Policing Act 2014s 59, that enables public space protection orders, requiring application for a public assembly.
- Education (No 2) Act 1986s 43
- ^ R v University of Liverpool, ex p Caesar-Gordon [1987] PL 344, a university was not entitled to stop a talk by secretaries of the South African Embassy, from the apartheid government, because of fears about violence on the nearby Toxteth estate, but could have done if there was concern about 'disorder on university premises and among university members'.
- ^ Hubbard v Pitt [1976] QB 142
- TULRCA 1992s 220. cf Broome v DPP [1974] AC 587, holding there was no right to stop traffic.
- ^ Middlebrook Mushrooms Ltd v TGWU [1993] ICR 612
- ^ [2003] ECHR 222
- ^ Trade Union and Labour Relations (Consolidation) Act 1992 s 241, originally in the Conspiracy and Protection of Property Act 1875 s 7. This fell into disuse, but was revived for miners' strike: Wallington (1985) 14 Industrial Law Journal 145.
- ^ See J Crawford, Brownlie's Principles of Public International Law (2019) ch 33
- Criminal Damage Act 1971s 3(b)
- ^ Criminal Justice and Public Order Act 1994 ss 61-77, also Serious Organised Crime and Police Act 2005 s 128.
- ^ DPP v Bayer [2003] EWHC 2567
- HRA 1998s 12 means that 'courts ought to give more weight to the respondent's defence than might otherwise have been the case.'
- Riot Act 1714 is now repealed, and the Seditious Meetings Act 1817, which allowed police to disperse meetings lapsed. The Riot Compensation Act 2016entitles victims who suffer damage from rioting to compensation for uninsured property.
- ^ Public Order Act 1986 s 4
- ^ Public Order Act 1986 s 4A-5
- ^ Brutus v Cozens [1973] AC 854
- ^ R v Horseferry Road Magistrate, ex p Siadatan [1991] 1 QB 260
- ^ Oxford University v Broughton [2004] EWHC 2543, injunctions against animal rights activists.
- ^ Alexander v Smith 1984 SLT 176
- ^ Hammond v Director of Public Prosecutions [2004] EWHC 69 (Admin)
- ^ e.g. Piddington v Bates [1960] 3 All ER 660, a police officer instructed at a trade dispute in a North London factory there should only be two pickets at each entrance. The appellant insisted on joining, and was arrested for obstruction. Divisional Court upheld the conviction, the restriction to 2 pickets was not unlawful and arbitrary. Lord Parker CJ, 'a police officer charged with the duty of preserving the Queen's peace must be left to take such steps as, on the evidence before him, he thinks are proper.' Moss v McLachlan [1985] IRLR 76, defendants were stopped at a motorway exit, suspected of travelling to attend a picket at a colliery. They refused to go back and were arrested for obstructing a police officer. Skinner J upheld convictions, saying provided officers 'honestly and reasonably form the opinion that there is a real risk of a breach of the peace in the sense that it is in close proximity both in place and time, then the conditions exist for reasonable preventive action including, if necessary, the measures taken in this case.'
- ^ [2006] UKHL 55
- ^ R (Laporte) v Chief Constable of Gloucestershire [2006] UKHL 55, [34]
- ^ R (Hicks) v Metropolitan Police Commissioner [2017] UKSC 9 holding arrests and release of protestors on the royal wedding day was not unlawful. Contrast AW Bradley, KD Ewing and CJS Knight, Constitutional and Administrative Law (2018) 515-6.
- ^ cf DB v PSI Chief Constable [2017] UKSC 7, [72] 'The area of discretion available to the police was also constrained by the positive obligation to protect the appellant's article 8 rights'.
- ^ R v Secretary of State for the Home Department, ex parte Bhajan Singh, [1976] QB 198.
- ^ a b Clayton & Tomlinson (2009), para. 13.04.
- ^ Clayton & Tomlinson (2009), para. 13.08.
- ^ Clayton & Tomlinson (2009), para. 13.14.
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- ^ Clayton & Tomlinson (2009), para. 13.15.
- ^ Clayton & Tomlinson (2009), para. 13.12.
- ^ a b Lester & Oliver (1997), para. 113.
- Gillick v West Norfolk Area Health Authority, [1986AC 112].
- ^ Clayton & Tomlinson (2009), para. 13.25.
- ^ Clayton & Tomlinson (2009), para. 13.60.
- ^ Clayton & Tomlinson (2009), para. 13.109.
- ^ a b Lester & Oliver (1997), para. 121.
- ^ Collins v Willcock, [1984] 1 WLR 1172.
- ^ Clayton & Tomlinson (2009), para. 8.03.
- ^ Clayton & Tomlinson (2009), para. 8.04.
- ^ Clayton & Tomlinson (2009), paras. 8.09-8.10.
- ^ Clayton & Tomlinson (2009), paras. 8.12 and 8.15.
- ^ Clayton & Tomlinson (2009), para. 8.16.
- ^ Clayton & Tomlinson (2009), para. 8.42.
- ^ Clayton & Tomlinson (2009), paras. 18.01 and 18.04.
- ^ Lester & Oliver (1997), para. 111.
- ^ Clayton & Tomlinson (2009), para. 18.18.
- ^ Clayton & Tomlinson (2009), para. 17.06.
- ^ Clayton & Tomlinson (2009), para. 17.09.
- ^ Clayton & Tomlinson (2009), para. 17.18.
- ^ a b Clayton & Tomlinson (2009), para. 17.25.
- ^ Clayton & Tomlinson (2009), para. 17.36.
- ^ Clayton & Tomlinson (2009), paras. 17.44 and 17.65.
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References
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External links
- Publications by Parliament's Joint Committee on Human Rights
- U.S. Department of State publication: 2004 UK Country Report on Human Rights Practices
- U.S. Department of State publications: UK Country Reports on Human Rights Practices since 1996
- European Court of Human Rights Judgements
- Amnesty International UK site
- Guardian Special Report: Human Rights in the UK
- Censorship in the UK – IFEX
- Human Rights Act 1998
- Amnesty International UK trafficking/forced prostitution
- Review of the United Kingdom of Great Britain and Northern Ireland by the United Nations Human Rights Council's Universal Periodic Review, 10 April 2008