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PACE

HRA

QuestionAnswer
What does Article 2 HRA protect, and where is it most relevant? Right to life — most relevant to use of force and firearms decisions
What does Article 3 HRA protect, and where is it most relevant? Prohibition of torture/inhuman or degrading treatment — relevant to detention conditions and use of force
What does Article 5 HRA protect, and where is it most relevant? Right to liberty and security — this is why the arrest necessity criteria exist
What does Article 6 HRA protect? Right to a fair trial
What does Article 8 HRA protect, and where is it most relevant? Right to respect for private and family life, home and correspondence — relevant to stop and search, and entry/search of premises
What does Article 10 HRA protect, and where is it most relevant? Freedom of expression — relevant to public order and protest policing
What does Article 11 HRA protect, and where is it most relevant? Freedom of assembly and association — relevant to protest and public order policing
Are Articles 8, 10 and 11 absolute rights or qualified rights? Qualified — they can be lawfully interfered with if the interference is prescribed by law, necessary, and proportionate
Are Articles 2 and 3 absolute or qualified? Absolute — they cannot be lawfully breached under any circumstances (though Article 2 permits force that is "absolutely necessary")
Created by: UPJP
 

 



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