Police Powers
Essay: Discuss the impact of
Articles 2 and 5 of the European
Convention on Human Rights on
police powers in the United
Kingdom?
 ECHR enacted in 1950 –
subsequently –
 HRA 1998.
 Effect of these new rights introduced?
 “Needless to say, an awareness of the
individual’s fundamental human rights
was inherent due to the resulting
claims ranging from but not limited to
Article 2 till Article 11 of the European
Convention on Human Rights which
were brought against the police
officers and policing bodies.”
Introduction: Proposition
 “What will need to be analyzed,
therefore, is how far-reaching the
collective impact and extent of the
European Convention on Human
Rights (made applicable due to the
passing of the Human Rights Act) has
been with regards to policing in the
United Kingdom, and whether the
influx of rights has been upheld as per
the original intent and purpose of the
Convention.”
Police Powers in the U.K.
 Enshrined in PACE 1984:
 “an Act (that makes) provision(s) in
relation to the powers and duties of the
police, persons in police detention,
criminal evidence, police discipline and
complaints against the police”
 “the Act has consistently proved a dual
purpose, of not only legalizing and
permitting the police to exercise and use
their powers without fear of undue
litigation, but also to make the public
aware of these police powers”
ECHR Articles to look into:
 Article 2 – right to life
 Article 3 – prohibition on torture
 Article 5 – right of liberty and security
 Article 6 – right to a fair trial
 Article 8 – right to privacy and family life
 Article 11 – right to freedom of
association
How to measure the impact?
 By moving down the enumerated
Articles of the Convention,
 Finding relevant and supporting case
law that demonstrates an impact,
 Critically analyzing whether the impact
has an effect on:
- Human Rights
- Police Powers
- Public Awareness
 Ascertaining the views of judiciary
What Next?
 Narrow down research: discuss only
pertinent Articles that illustrate
personal standpoint and are most
impactful.
 Case law to be analyzed in light of
research
 Views of authors considered
 Review/incorporate peer feedback
 Can conclusions be reached?

Appendix E - Essay Presentation

  • 1.
    Police Powers Essay: Discussthe impact of Articles 2 and 5 of the European Convention on Human Rights on police powers in the United Kingdom?
  • 2.
     ECHR enactedin 1950 – subsequently –  HRA 1998.  Effect of these new rights introduced?  “Needless to say, an awareness of the individual’s fundamental human rights was inherent due to the resulting claims ranging from but not limited to Article 2 till Article 11 of the European Convention on Human Rights which were brought against the police officers and policing bodies.”
  • 3.
    Introduction: Proposition  “Whatwill need to be analyzed, therefore, is how far-reaching the collective impact and extent of the European Convention on Human Rights (made applicable due to the passing of the Human Rights Act) has been with regards to policing in the United Kingdom, and whether the influx of rights has been upheld as per the original intent and purpose of the Convention.”
  • 4.
    Police Powers inthe U.K.  Enshrined in PACE 1984:  “an Act (that makes) provision(s) in relation to the powers and duties of the police, persons in police detention, criminal evidence, police discipline and complaints against the police”  “the Act has consistently proved a dual purpose, of not only legalizing and permitting the police to exercise and use their powers without fear of undue litigation, but also to make the public aware of these police powers”
  • 5.
    ECHR Articles tolook into:  Article 2 – right to life  Article 3 – prohibition on torture  Article 5 – right of liberty and security  Article 6 – right to a fair trial  Article 8 – right to privacy and family life  Article 11 – right to freedom of association
  • 6.
    How to measurethe impact?  By moving down the enumerated Articles of the Convention,  Finding relevant and supporting case law that demonstrates an impact,  Critically analyzing whether the impact has an effect on: - Human Rights - Police Powers - Public Awareness  Ascertaining the views of judiciary
  • 7.
    What Next?  Narrowdown research: discuss only pertinent Articles that illustrate personal standpoint and are most impactful.  Case law to be analyzed in light of research  Views of authors considered  Review/incorporate peer feedback  Can conclusions be reached?