When did the human rights act become law in the UK?
1996
1997
1998
1999
2000
2001
2002
2003
2004
there is still the death penalty for treason – which of the following is true?
No this was repealed and would be contrary to article 2 anyway
Correct there is still the death penalty for treason and although it seems to be contrary to article 2, paragraph 1 states, “save in the execution of a sentence of a court” so this is still effective in the UK
The principle of article 2 is overriding, but this simply awaits a case where a sentence of the death penalty is pronounced before article 2 can be invoked, this has not yet happened and would have to go to appeal
Treason never did actually have “the death penalty” available to the court at any time now or past, this is a much misquoted issue
A person on trial in this country has a right to a fair and public hearing within a reasonable time, but the press and public may be excluded from the trial in certain cases effectively making it a private trial . Which would NOT be a case where the press and public should be excluded? In the interest of ……..
public morals
public order or national security in a democratic society
juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary
the right to respect for private and family life
Everyone has the right to respect for his private and family life, his home and his correspondence. Correspondence to a person must be regarded strictly as private except for
letters to your home address marked private
letters to your business address marked private
emails to your home address marked private
emails to your business address marked private
a person who alleges a breach of the human rights act can apply for a hearing at the European Court of Human Rights Strasbourg
once all avenues of appeal in the UK have been exhausted
upon application to any Magistrates Court
upon application to any County Court
as soon as their case is rejected at the first UK court hearing the matter
a friend of yours tells you that his local supermarket has breached his human rights and that he is going to the European Court of Human Rights Strasbourg on it. The actual position is that you can only take a separate case under the Human Rights Act itself if you believe that your rights are being breached
By a public authority, rather than a private individual.
Severely
By a private individual rather than a public authority
Universally
the Human Rights Act classes rights as absolute, limited and qualified
a good example of an absolute right would be the right
to protection from degrading treatment
to liberty
to respect for private and family life
to free expression
the Human Rights Act classes rights as absolute, limited and qualified
a good example of a limited right would be the right
to assembly and association
to protection from torture
regarding prohibition on slavery
to the peaceful enjoyment of property
The mother of a juvenile convicted and subjected to an ASBO, meets you in the street and alleges that her son’s human rights are being breached, after his photo was published on the back of a bus with his name and details of the asbo. She strongly feels this is not respecting his right for private and family life.
Her allegation is valid but she would have to apply to the European Court of Human Rights Strasbourg herself
Her allegation is valid but her son would have to apply to the European Court of Human Rights Strasbourg himself
The right to respect for private and family life is actually a qualified right and interference into this right IS allowed for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others so therefore her allegation is not valid
The right to respect for private and family life is actually a limited right and publicising ASBO offenders is specifically excluded from the right
A PCSO giving evidence in court might be challenged on their compliance with the Human Rights Act
Yes a PCSO must be ready for this, all PCSOs should have had their training so should know how to respond.
Yes but if challenged the CPS would step in and deal with such a challenge.
No, UK Courts would not accommodate any challenges on the human rights act, this is not “evidence.”
No PCSOs do not have to comply with the human rights act, this is just for PCs and above
P L A N stands for
Proportionality Legality Accountability Necessity
Privacy Legality Absolute Norm
Protection Life Accountability Necessity
Proportionality Life Absolute Norm
Protection Limited Absolute Norm
Privacy Legality Association Necessity
Proportionality Life Accountability Norm
Privacy Limited Association Necessity
Protection Limited Accountability Necessity
the following is NOT a human right under the human rights act
Right to marry
Prohibition of harassment
Freedom of thought
Prohibition of discrimination
The following is NOT a human right under the human rights act
Right to a fair trail
Freedom of expression
No punishment without law
Right to medical care
The following is NOT a human right under the human rights act
Protection of property
Right to education
Right to free election
Freedom for parents to access their own child/ children
the following court WOULD have to take account of Human Rights
a magistrates court
a crown court
an industrial tribunal
all courts and tribunals
which of the following would NOT be a public authority
prison officers
hospitals
immigration officers
organisations that run private prisons
housing association
electricity board
a charity providing residential care
A woman approaches you in the street and asks your advice on a personal matter. Her daughter is pregnant and is planning to have an abortion. The woman wishes to seek intervention as abortion would be contrary to article 2 The Right to life
I would advise her to apply for a summons at the local magistrates court as her assertion that the right to life applies in this case is valid
I would advise her to apply for an injunction at the local county court as her assertion that the right to life applies in this case is valid
I would advise her that article 2 does not cover life until a “person” is physically born
I would advise her that PCSOs are not in a position to assist in such matters
A PCSO you are with sees a 15 year old asian youth throw a large brick through an estate agent’s window, breaking it. The asian youth by chance runs straight in your direction and the PCSO with you grabs the youth who is cooperative, sober and compliant, saying “You’re nicked sunshine” Again by chance – the local police station van just happens to be passing. The PCSO still holding the youth – firmly places him in the back of the van without saying anymore and asks the van driver to go to the station which he does
This is a breach of which article
Article 5: the right to be told in non-technical terms and in a language you understand why you are being arrested
Article 5: the right not to be deprived of your liberty – “arrested” or “detained” – even for a short period.
Article 3: The absolute right not to be subjected to treatment or punishment that is inhuman or degrading.
Article 14: freedom from discrimination
article 14 prohibits discrimination on the grounds of: 1 sex, 2 race, 3 colour, 4 language, 5 religion, 6 political opinion, 7 national or social origin, 8 association with a national minority, 9 property, 10 birth, 11 any grounds
1, 2, 3 and 4 only
all
1, 2, 3, 4, 5 and 6 only
1, 2, 3, 4, 5, 6 and 7 only
1, 2, 3, 4, 5, 6, 7 and 8 only
1, 2, 3, 4, 5, 6, 7, 8 and 9 only
1, 2, 3, 4 and 5 only
A mother approaches you in the street and asks for your advice in a case of her son. Her son is well known to you as repeat offender. The mother advises you that her son is in prison awaiting trial and that on the latest trial date the prison service failed to transport her son to the court because of staff shortages and that the court continued with his trial, made decisions and heard evidence in his absence. You advise the mother that this could be a breach of
Article 6: Right to a fair trial specifically the right to be in court during your trial
No articles at all, the court are entitled to do this if the defendant cannot be brought to court in time
Article 10: Freedom of expression
Article 7: No punishment without law
Actually I would advise her that PCSOs are not in a position to assist in such matters
this quiz validated on 28.8.06 by Janice Whitehead of Ambulance999
