HUMAN RIGHTS AND RELEVANCE TO CRIMINAL LAW
Sources of Human Rights Law
Council of Europe (not EU) treaties
Created the European Court of Human Rights
UK ratified ECHR in 1951, HRA 1998 allows individuals to rely directly on ECHR in the UK courts
Other UK law relevant to HR e.g. Terrorism Acts; other European and International treaties
HRA 1998
Allows citizens to rely on ECHR rights and liberties directly in UK courts
Individuals can apply to ECtHR once domestic remedies are exhausted
New legislation requires a government minister to make a statement of compatibility with the
ECHR
State also has a positive obligation to protect citizens from infringement of rights by state and
others E.g. through criminalising infringements (e.g. hate crime)
Public authorities incl. Courts must not act in a way that is incompatible with the ECHR rights
E.g. must investigating effectively, provide remedies, fair & proper procedures, reviews, etc.
Domestic courts must interpret domestic legislation to give effect to ECHR rights
ECHR
Article 2: Right to life
1. Right to lifehas affected definition of homicide offences (murder + manslaughter) abortion,
euthanasia and leading to conflict where D kills V in self-defence
2. Deprivation of life not regarded as inflicted with Article if use of force is absolutely necessary:
(a) in defence of any person from unlawful violence;
(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;
(c) in action lawfully taken for the purpose of quelling a riot or insurrection
Article 2: Right to life – Cases
Jean Charles de Menezes (2005): killed by the state shot by police at Stockwell station
Burglars? Common law defence of self-defence and section 3 of the Criminal Law Act 1967.
McCann v UK (1995): ECtHR includes duty to investigate where state used force which resulted in
death
Re A (conjoined twins) [2001]: 2 girls were joined, separated surgically without permission of
parents, one died as a result Held no intent to kill, right to life of the other was violated
Assisted suicide is illegal imprisonment up to 14years under Suicide Act (1961)
Article 3: Prohibition of torture
No one shall be subjected to torture or to inhuman or degrading treatment or punishment
Torture is crime: Criminal Justice Act 1988, s. 134, Includes corporal punishment of children
Costello-Roberts v UK (1993): punishment by hitting a child with slipper Held: not degrading
punishment under convention – conduct must attain a minimum level of severity
Detainees must not be subjected to torture
Ireland v UK (1979-80) ECtHR
can’t extradite or deport someone to a state where s/he may be tortured or face death penalty
Evidence obtained under torture may not be used in court
Article 5: Right to Liberty & Security of the Person
Right to liberty and security has greatest effect on any D that has not been yet convicted (e.g. right
to reason of arrest, false imprisonment), as well as D who is found not guilty by reason of insanity
Article 6: Right to a fair trial
1
Sources of Human Rights Law
Council of Europe (not EU) treaties
Created the European Court of Human Rights
UK ratified ECHR in 1951, HRA 1998 allows individuals to rely directly on ECHR in the UK courts
Other UK law relevant to HR e.g. Terrorism Acts; other European and International treaties
HRA 1998
Allows citizens to rely on ECHR rights and liberties directly in UK courts
Individuals can apply to ECtHR once domestic remedies are exhausted
New legislation requires a government minister to make a statement of compatibility with the
ECHR
State also has a positive obligation to protect citizens from infringement of rights by state and
others E.g. through criminalising infringements (e.g. hate crime)
Public authorities incl. Courts must not act in a way that is incompatible with the ECHR rights
E.g. must investigating effectively, provide remedies, fair & proper procedures, reviews, etc.
Domestic courts must interpret domestic legislation to give effect to ECHR rights
ECHR
Article 2: Right to life
1. Right to lifehas affected definition of homicide offences (murder + manslaughter) abortion,
euthanasia and leading to conflict where D kills V in self-defence
2. Deprivation of life not regarded as inflicted with Article if use of force is absolutely necessary:
(a) in defence of any person from unlawful violence;
(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;
(c) in action lawfully taken for the purpose of quelling a riot or insurrection
Article 2: Right to life – Cases
Jean Charles de Menezes (2005): killed by the state shot by police at Stockwell station
Burglars? Common law defence of self-defence and section 3 of the Criminal Law Act 1967.
McCann v UK (1995): ECtHR includes duty to investigate where state used force which resulted in
death
Re A (conjoined twins) [2001]: 2 girls were joined, separated surgically without permission of
parents, one died as a result Held no intent to kill, right to life of the other was violated
Assisted suicide is illegal imprisonment up to 14years under Suicide Act (1961)
Article 3: Prohibition of torture
No one shall be subjected to torture or to inhuman or degrading treatment or punishment
Torture is crime: Criminal Justice Act 1988, s. 134, Includes corporal punishment of children
Costello-Roberts v UK (1993): punishment by hitting a child with slipper Held: not degrading
punishment under convention – conduct must attain a minimum level of severity
Detainees must not be subjected to torture
Ireland v UK (1979-80) ECtHR
can’t extradite or deport someone to a state where s/he may be tortured or face death penalty
Evidence obtained under torture may not be used in court
Article 5: Right to Liberty & Security of the Person
Right to liberty and security has greatest effect on any D that has not been yet convicted (e.g. right
to reason of arrest, false imprisonment), as well as D who is found not guilty by reason of insanity
Article 6: Right to a fair trial
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