Chapter 20 Multiple choice questions

1. The actions of the police are subject to the Human Rights Act for the following reasons. Please select all that apply.

Because the police can use physical force against persons and, therefore, are bound by the Human Rights Act

Because the police are taken to be a "core" public authority under section 6 of the Act.

Because the police have special statutory powers (over and above ordinary common law powers we all share) and these powers must be read and given effect compatibly with the Convention if possible.

Because the police are civil servants and all civil servants are covered by the Human Rights Act.

2. A stop and search by the police under Part 1 of the Police and Criminal Evidence At 1984, the Terrorism Act 2000 or other legislation is a deprivation of liberty under Article 5 and therefore is incompatible with the Convention rights of the person stopped.

True

False

3. The law on arrest, in order to be compatible with Article 5, must ensure that the police can only arrest a person when they have ---------- --------- that a criminal offence has been committed.

4. Match the case in the right hand column with the principle of law it is associated with in the left hand column.

Where the court considers the approach to whether or not journalistic material should be ordered to be disclosed in the anti-terrorism context.

Where the House of Lords made clear the importance of legal privilege even in the context of a search of a prisoner's cell.

Where the importance of magistrates and police recognizing the serious nature of a search warrant - that it 'authorises the invasion of a person's home'; so a police application should not be treated as a mere formality.

Where the High Court emphasised that there is a presumption of privacy (which can be set aside in appropriate circumstances) in respect of the police execution of a search warrant. of private premises.

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