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The Human Rights Act
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| Submitted: Thu Jul 11 2002
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The Human Rights Act The Human Rights Act 1998 has important ramifications for all aspects of police work. Police Investigation, the conduct of prosecution and the presentation of evidence in court, have all conflicted with Human Rights. In the context of criminal cases the main areas of Human Rights include: * Right to a fair trial (Article 6 of the Convention) * Right to privacy (Article 8 of the Convention) * Right to an effective remedy (Article 13 of the Convention) The courts are required to 'read and give effect' to primary legislation in a way which is compatible with the Convention Rights 'so far is possible to do so'. (S3 (1)) Examination of the effects of the Convention on the Criminal Justice System reveals the problems, of which some will be touched upon in this discussion. Police surveillance has already fallen foul of Article 8 in a number of cases. In the cases of Kahn v United Kingdom...
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