Human Rights and British Policing
| Date | 01 January 2000 |
| DOI | 10.1177/0032258X0007300108 |
| Author | Phil Palmer |
| Published date | 01 January 2000 |
| Subject Matter | Article |
PHIL PALMER
Former lecturer in law
at
Southampton University; currently a
member
of
the National Operations Faculty,
NPT
Bramshill
HUMAN RIGHTS
AND BRITISH POLICING
The Human Rights Act 1998 is a significant development in terms of the
legal pursuit of human rights in
UK
domestic law - particularly as it
heralds some fundamental changes to the British criminal justice system
and has some profound implications for the police service. The
performance of the police is about to be subjected to the human rights
spotlight and they'd better be ready for it: in terms of policing the law
and lawyers are about to dominate all debate. This article attempts to
give a brief overview of the Human Rights Act and its potential
implications for the
UK
police.
The
Human
Rights
Act
The scope
of
the Human Rights Act is defined by
s.l
(1) to include those
rights contained in arts.2 to 12, and art. 14
of
the European Convention
on Human Rights, as well as arts. 1-3 of the First Protocol and arts.1 and
2 of the Sixth Protocol. Strictly speaking, these articles will not become
part of our substantive domestic law, rather, they will be given a defined
legal status. The Act therefore serves a dual purpose. First, it provides a
mechanism which seeks to establish the compatibility of domestic law
with the rights contained in the Convention in a way that does not give
too much power to the judiciary. Secondly it establishes a right for
individuals to pursue and rely upon their Convention rights in domestic
courts.
Articles 2 to 12 and art. 14 of the Convention are, in chronological
order: the right to life; the right not to be subjected to torture or to
inhuman or degrading treatment or punishment; the right not to be held
in slavery or servitude or to be required to perform forced or
compulsory labour; the right to liberty and security of the person; the
right to a fair trial; the right not to be punished without law; the right to
respect for private and family life, home and correspondence; the right
to freedom of thought, conscience and religion; the right to freedom of
expression; the right to freedom of assembly and association; the right
to marry; and the right to enjoy all the rights and freedoms contained in
the Convention without discrimination on grounds of sex, race, colour,
language, religion, political or other opinion, national or social origin,
association with a national minority, property, birth or other status.
Articles 1 to 3 of the First Protocol provide for the right to peaceful
enjoyment
of
property, the right to education, the right to free elections,
54 The Police Journal January 2000
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