10. Terrorism and Human Rights

Course-focused and comprehensive, the Textbook on series provide an accessible overview of the key areas on the law curriculum. This chapter first considers the definition of ‘terrorism’. It then turns to laws which the UK government has put in place to attempt to deal with this area, including proscription of organizations, modification of police powers, and various forms of restrictions on movement, including ‘control orders’ and their successors — terrorism prevention and investigation measures.

4. Personal Liberty (Article 5) II: Detention and Questioning

Course-focused and comprehensive, the Textbook on series provide an accessible overview of the key areas on the law curriculum. This chapter examines the issues arising from more extended detention, generally at a police station. It focuses on the grounds for such extended detention prior to charge, and the procedures which must be adopted in relation to it. It considers the rights of a citizen who is a ‘suspect’ but against whom the police do not have sufficient evidence to charge with an offence. Relevant provisions under the Human Rights Act 1998 and the Police and Criminal Evidence Act 1984 are discussed.

11. Freedom from Discrimination (Article 14)

Course-focused and comprehensive, the Textbook on series provide an accessible overview of the key areas on the law curriculum. This chapter examines the law on discrimination. It discusses the influence of European law on English discrimination law; English law relating to discrimination; positive discrimination; and enforcement and remedies under the Equality Act 2010.

9. Freedom to Protest and Public Order Law

Course-focused and comprehensive, the Textbook on series provide an accessible overview of the key areas on the law curriculum. This chapter discusses the law on demonstrations and public order, and then the background to the main piece of legislation which now governs this area: the Public Order Act 1986. It considers statutory controls over public processions, public assemblies, public order offences, anti-social behaviour, and indictments to racial and religious hatred.

1. Introduction

Course-focused and comprehensive, the Textbook on series provide an accessible overview of the key areas on the law curriculum. This introductory chapter provides an overview of the main themes covered in the present volume. It first considers the political context in which the discussion of the law is to take place. It then discusses human rights and civil liberties; the meaning of rights; protection of rights and liberties within the UK Constitution; the international context of the monitoring of human rights; and the European Convention on Human Rights.

2. The Human Rights Act 1998: Overview

Course-focused and comprehensive, the Textbook on series provide an accessible overview of the key areas on the law curriculum. This chapter provides an overview of the Human Rights Act 1998 (HRA 1998) and how it operates. It discusses the extent to which the Act fulfils the role of a ‘Bill of Rights’, as that concept is understood in other jurisdictions. A particular issue relevant to that discussion is that of ‘entrenchment’ and the extent to which the HRA 1998 can be said to have any special status different from other legislation. The supervision of the HRA 1998 is also considered.

8. Freedom of Expression (Article 10) II: Obscenity and Indecency

Course-focused and comprehensive, the Textbook on series provide an accessible overview of the key areas on the law curriculum. This chapter examines law relating to the control of obscenity and indecency. It first looks at the arguments for and against restriction. It then discusses provisions for obscenity and indecency under the Human Rights Act 1998; legal methods to control the distribution and availability of obscene or indecent material; offences and other procedures which apply to printed material and internet publications; and controls over films, DVDs, videos, live performance, and broadcasting. The chapter also considers two types of general control which are not specifically linked to a particular type of publication or article. The first relates to the distribution of sexual material, and covers controls over premises. The second type of control is that covering the import of materials, and exercised by HM Revenue and Customs (HMRC).

7. Freedom of Expression (Article 10) I: Official Secrets and Freedom of Information

Course-focused and comprehensive, the Textbook on series provide an accessible overview of the key areas on the law curriculum. This chapter discusses the law governing official secrets and freedom of information. It covers arguments for the protection of freedom of expression; arguments for and against official secrecy; official secrecy under the Human Rights Act 1998 (HRA 1998); the Official Secrets Acts 1911–1920; the Official Secrets Act 1989; the action for breach of confidence; breach of confidence under HRA 1998; and the Freedom of Information Act 2000.

6. Article 8: Right to Respect for Private Life

Course-focused and comprehensive, the Textbook on series provide an accessible overview of the key areas on the law curriculum. This chapter examines Article 8 of the European Convention on Human Rights (ECHR), which protects the right to respect for a person’s private and family life, home, and correspondence. It begins by looking at some general issues, and then focuses on police powers of entry, search, and seizure; and the privacy rights of the individual as against the press.

3. Personal Liberty (Article 5) I: Stop, Search, and Arrest

Course-focused and comprehensive, the Textbook on series provide an accessible overview of the key areas on the law curriculum. This chapter examines the laws which justify invasions of personal freedom. The majority of the powers discussed are available to police officers only, though in some cases they may be exercised by other officials, or even by private citizens. It first considers provisions for stop, search, and arrest under the Human Rights Act 1998. It then turns to the exercise of powers of stop, search, and arrest under the Police and Criminal Evidence Act 1984.