ARTICLE 8

Question 1

Stop and search is defined in…

Answer 1

s. 1-3 PACE 1984

Question 2

s.1 PACE

Answer 2

A police officer has the power to stop and search a person for stolen or prohibited items provided that the officer has reasonable grounds to believe that person has …
Objective test - personal suspicion is not enough (intelligence of some kind required)

Question 3

s.2 PACE

Answer 3

Sets out the info officer must provide to person about to be searched, including name, station, objective of search n why they’re conducting it.

Question 4

s.3 PACE

Answer 4

requires record to be made of search

Question 5

Article 8

8.1

Answer 5

8.1 Everyone has the right to respect for his private and family life, his home and correspondence.

Question 6

‘Everyone’

Answer 6

This can include civillians and businesses - Niemietz v Germany

Question 7

‘Private life’

Answer 7

Can include physical integrity (Wainwright v UK - searches not proportionate to preventing crime)
Medical records MS v Sweden - confidentiality of health data can enact Art.8

Question 8

‘Correspondence’

Answer 8

Communication, including phone calls, letters, texts, emails etc.

Question 9

s.6 HRA

Answer 9

It is unlawful for a public authority to act in a way which is incompatible with a Convention right

Question 10

Can it be limited?

Article 8 is a…

Answer 10

qualified right, meaning it can be limited or entirely removed from state

Question 11

8.2

Answer 11

contains lawful limitations on right
Any limitations must be deemed in accordance with the law (s.1-3 PACE) and necessary in a democratic society

Question 12

Stop n searches could be deemed…

Relation of stop and search with 8.2 necessity

Answer 12

Stop n searches could be deemed necessary for public safety and for the prevention of crime

Question 13

Any interference with the right must be…

Relation of stop n search with 8.2 - justification of interference

Answer 13

proportionate, meaning that any limitation is not done arbitrarily. (APPLY)
rationally connected with objective + impair right as little as possible (APPLY)

Question 14

s.7 HRA

Answer 14

If public authority is found to be in breach of a Convention right, proceedings may be brought against them

Question 15

s.8 HRA

Answer 15

If a public authority is found to be in breach, the court can impose any remedy it deems appropriate e.g. damages, injunction