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INTRODUCING HUMAN RIGHTS LAW IN UK

Some Random Self-Questions for Managers & Professionals

with special reference to policing

If you are a manager or professional, particularly in the public sector (policing etc.), who is considering an audit of your policies and procedures in the light of the incorporation into UK law of the European Convention of Human Rights you might find it useful to arrange a brainstorming session in which some or many of the following questions might be useful points of departure.

QUESTION: Is the new human rights legislation consistent with your policies and procedures on the following?

MOVEMENT etc.

• dealing with peaceful protest?
• liaising with campaigning organisation who may wish to organise e.g. a march?
• imposing conditions on campaign marches?
• imposing conditions on assemblies and processions and rallies?
• reaching decisions in relation to above (i.e. properly reached)?
• identifying what constitutes disorderly conduct and obstruction?
• interceding where there is intrusion or harassment by neighbours?
• power to enter a person’s home or land?

INFORMATION etc.

• sharing of information on crime and potential for crime with other agencies/professionals?
• telephone tapping and mail interception - in relation to privacy rights?
• dealing with complaints from victims, suspects, prisoners?
• keeping records / on keeping them confidential / secure?
• information obtained from minors?
• keeping information which is accurate / inaccurate?
• etc.

SUSPICION etc.

• what amounts to reasonable suspicion?
• what you should tell the suspect/arrestee?
• witness identification?
• strip searches?
• power to stop & search and manner in which done?
• records of searches?
• searching of premises?
• search with / without consent?
• seizure of property?
• fingerprinting?
• being kept incommunicado?
• allowing legal advice to suspect?
• conduct of interviews?
• taking samples?
• destruction of fingerprints, photos and samples?
• forced entry?
• follow-up to forced entry?
• rights in relation to vice?
• agents provocateurs?
• possible retrospective effect of penal legislation?
• etc.

PRISONERS etc.

• the suspect’s right to make and use personal notes of events / conversations?
• relating to Terrorism Act?
• representation and legal aid?
• committal proceedings? bail?
• treatment of prisoners? Visits and letters? Women prisoners? Medical Treatment? Etc.
• suspects / prisoner in relation to their family rights?
• prisoner segregation?
• regarding right to appeal?
• suspect’s use of McKenzie adviser?

DISCRIMINATION etc.

• spent convictions and rehabilitation of offenders?
• the rights of your own staff, whether police or civilian?
• race discrimination?
• sex discrimination?
• disability discrimination?
• relevance to religion / conscience discrimination?
• relevance to freedom of speech, expression?
• what is meant by ‘discrimination’?
• rights of immigrants, refugees?
• the right to stop (legal sites)?
• rights of mentally ill?
• what constitutes an indecency offence?
• what constitutes racial hatred?

Are you also aware of the International Covenant on Civil & Political Rights?

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