The Human Rights Act 1998 brings the European Convention on Human Rights and Fundamental Freedoms (ECHR) into UK law from 2 October 2000.
The Act makes it unlawful for a public authority to act in a way which is incompatible with a Convention right.
Police officers are "public authorities" for the purposes of the Act because their role includes certain public duties. This means police officers will have individual liability and therefore under a legal obligation to act in a way which is compatible with the Convention.
ACPO has identified six principles applicable to each area of policing to reach compliance with Human Rights:
LEGALITY - is there a legal basis for police actions? Is that legal basis in; statute, regulations, case law and is it available to a member of the public.
PROPORTIONALITY - can the police demonstrate that actions taken were "proportionate" to the threat or problem it sought to prevent.
RELEVANCE/NECESSITY - was the police action strictly relevant to the particular threat/problem.
SUBSIDIARITY - was the police action the least "force/intrusive" available.
EQUALITY OF ARMS - in any trial process did the defendant have the same information and access to information as the police/prosecution.
REMEDY - is there an independent public remedy available to the citizen.
Your decisions and those of the officers you supervise are liable to be tested against these criteria to ensure compliance with human rights.
It is hoped that the Act will help to create a society in which the rights and responsibilities of individuals are properly balanced and in which an awareness of the Convention right permeates our government and legal systems at all levels. Should a Convention right be breached, the aggrieved party could:
- (a) Take the authority to court for breaching the right
- (b) Rely on the Convention rights in the course of any other proceedings involving a public authority eg, judicial review or criminal trial.
If the direct route (a) is taken, the proceedings need to be instigated within one year of the original breach. Although under certain circumstances this period may be stretched to a small degree.
Cases may still be taken to the European Court of Human Rights at Strasbourg but only after all domestic avenues of redress have been exhausted - this will include action under the HRA.
The European Convention of Human Rights upon which the Human Rights Act 1998 is modelled consists of several Articles and Protocols, summarised below are the relevant items which have been incorporated into the new act. For further information either obtain a copy of the HRA 1998 or visit one of the below two web sites:
www.hmso.gov.uk/acts
www.homeoffice.gov.uk/hract
Human Rights Act - Articles and Protocols
Human Rights Act - First Protocol
Human Rights Act - The Sixth Protocol
Certain extracts taken from The Human Rights Act Crown Copyright 1998 with the permission of the Controller of Her Majesty's Stationery Office.
Additional information on Articles 3 and 8 - Vina Shukla, New Court Chambers