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Flashcard 1349111385356

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Question
In certain circumstances beneficiaries can select new trustees (although they cannot actually appoint them) and require existing trustees to retire. Beneficiaries may only give such a direction if there is no person nominated in the trust instrument for the purpose of appointing trustees and the beneficiaries are all together sui juris and absolutely entitled to the trust property ([...]).
Answer
TLATA 1996, s 19(1)(b)

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re. Beneficiaries may only give such a direction if there is no person nominated in the trust instrument for the purpose of appointing trustees and the beneficiaries are all together sui juris and absolutely entitled to the trust property (<span>TLATA 1996, s 19(1)(b)). They must be unanimous (TLATA 1996, s 19(2)). Beneficiaries may give to the trustee(s) a written direction to retire from the trust and/or a written direction to appoint by writing

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Flashcard 1358675184908

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#co-ownership #land
Question
TLATA 1996, s19 has modified Trustee Act 1925, s 36 in that it permits beneficiaries in certain circumstances to select new trustees (although they cannot actually appoint them) and to require existing trustees to retire. Beneficiaries may only give such a direction if there is [...] and the beneficiaries are all together sui juris and absolutely entitled to the trust property (TLATA 1996, s 19(1)(b)).
Answer
no person nominated in the trust instrument for the purpose of appointing trustees

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Act 1925, s 36 in that it permits beneficiaries in certain circumstances to select new trustees (although they cannot actually appoint them) and to require existing trustees to retire. Beneficiaries may only give such a direction if there is <span>no person nominated in the trust instrument for the purpose of appointing trustees and the beneficiaries are all together sui juris and absolutely entitled to the trust property (TLATA 1996, s 19(1)(b)).<span><body><html>

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Flashcard 1358676757772

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#co-ownership #land
Question
TLATA 1996, s19 has modified Trustee Act 1925, s 36 in that it permits beneficiaries in certain circumstances to select new trustees (although they cannot actually appoint them) and to require existing trustees to retire. Beneficiaries may only give such a direction if there is no person nominated in the trust instrument for the purpose of appointing trustees and [...] and absolutely entitled to the trust property (TLATA 1996, s 19(1)(b)).
Answer
the beneficiaries are all together sui juris

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trustees (although they cannot actually appoint them) and to require existing trustees to retire. Beneficiaries may only give such a direction if there is no person nominated in the trust instrument for the purpose of appointing trustees and <span>the beneficiaries are all together sui juris and absolutely entitled to the trust property (TLATA 1996, s 19(1)(b)).<span><body><html>

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Flashcard 1358678330636

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#co-ownership #land
Question
TLATA 1996, s19 has modified Trustee Act 1925, s 36 in that it permits beneficiaries in certain circumstances to select new trustees (although they cannot actually appoint them) and to require existing trustees to retire. Beneficiaries may only give such a direction if there is no person nominated in the trust instrument for the purpose of appointing trustees and the beneficiaries are all together sui juris and [...] (TLATA 1996, s 19(1)(b)).
Answer
absolutely entitled to the trust property

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them) and to require existing trustees to retire. Beneficiaries may only give such a direction if there is no person nominated in the trust instrument for the purpose of appointing trustees and the beneficiaries are all together sui juris and <span>absolutely entitled to the trust property (TLATA 1996, s 19(1)(b)).<span><body><html>

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Flashcard 1358679903500

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#co-ownership #land #law
Question
TLATA 1996, s19 has modified Trustee Act 1925, s 36 in that it permits beneficiaries in certain circumstances to select new trustees (although they cannot actually appoint them) and to require existing trustees to retire. Beneficiaries may only give such a direction if [...] (TLATA 1996, s 19(1)(b)).
Answer
there is no person nominated in the trust instrument for the purpose of appointing trustees and the beneficiaries are all together sui juris and absolutely entitled to the trust property

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d Trustee Act 1925, s 36 in that it permits beneficiaries in certain circumstances to select new trustees (although they cannot actually appoint them) and to require existing trustees to retire. Beneficiaries may only give such a direction if <span>there is no person nominated in the trust instrument for the purpose of appointing trustees and the beneficiaries are all together sui juris and absolutely entitled to the trust property (TLATA 1996, s 19(1)(b)).<span><body><html>

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Flashcard 1358681476364

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#co-ownership #land
Question
TLATA 1996, s19 has modified Trustee Act 1925, s 36 in that it permits beneficiaries in certain circumstances to [...]. Beneficiaries may only give such a direction if there is no person nominated in the trust instrument for the purpose of appointing trustees and the beneficiaries are all together sui juris and absolutely entitled to the trust property (TLATA 1996, s 19(1)(b)).
Answer
select new trustees (although they cannot actually appoint them) and to require existing trustees to retire

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TLATA 1996, s19 has modified Trustee Act 1925, s 36 in that it permits beneficiaries in certain circumstances to select new trustees (although they cannot actually appoint them) and to require existing trustees to retire. Beneficiaries may only give such a direction if there is no person nominated in the trust instrument for the purpose of appointing trustees and the beneficiaries are all together sui j

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Flashcard 1358683049228

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#co-ownership #land
Question
TLATA 1996, s19 has modified Trustee Act 1925, s 36 in that it permits beneficiaries in certain circumstances to [...] and to require existing trustees to retire. Beneficiaries may only give such a direction if there is no person nominated in the trust instrument for the purpose of appointing trustees and the beneficiaries are all together sui juris and absolutely entitled to the trust property (TLATA 1996, s 19(1)(b)).
Answer
select new trustees (although they cannot actually appoint them)

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TLATA 1996, s19 has modified Trustee Act 1925, s 36 in that it permits beneficiaries in certain circumstances to select new trustees (although they cannot actually appoint them) and to require existing trustees to retire. Beneficiaries may only give such a direction if there is no person nominated in the trust instrument for the purpose of appointing trustees an

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Flashcard 1358684622092

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#co-ownership #land
Question
TLATA 1996, s19 has modified Trustee Act 1925, s 36 in that it permits beneficiaries in certain circumstances to select new trustees (although they cannot actually appoint them) and to [...]. Beneficiaries may only give such a direction if there is no person nominated in the trust instrument for the purpose of appointing trustees and the beneficiaries are all together sui juris and absolutely entitled to the trust property (TLATA 1996, s 19(1)(b)).
Answer
require existing trustees to retire

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TLATA 1996, s19 has modified Trustee Act 1925, s 36 in that it permits beneficiaries in certain circumstances to select new trustees (although they cannot actually appoint them) and to require existing trustees to retire. Beneficiaries may only give such a direction if there is no person nominated in the trust instrument for the purpose of appointing trustees and the beneficiaries are all together sui j

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Flashcard 1358686194956

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#co-ownership #land
Question
[Statute] has modified Trustee Act 1925, s 36 in that it permits beneficiaries in certain circumstances to select new trustees (although they cannot actually appoint them) and to require existing trustees to retire. Beneficiaries may only give such a direction if there is no person nominated in the trust instrument for the purpose of appointing trustees and the beneficiaries are all together sui juris and absolutely entitled to the trust property (TLATA 1996, s 19(1)(b)).
Answer
TLATA 1996, s19

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TLATA 1996, s19 has modified Trustee Act 1925, s 36 in that it permits beneficiaries in certain circumstances to select new trustees (although they cannot actually appoint them) and to require existing

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Flashcard 1358688554252

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#co-ownership #land
Question
TLATA 1996, s19 has modified Trustee Act 1925, s 36 in that it permits beneficiaries in certain circumstances to select new trustees (although they cannot actually appoint them) and to require existing trustees to retire. Beneficiaries may only give such a direction if there is no person nominated in the trust instrument for the purpose of appointing trustees and the beneficiaries are all together sui juris and absolutely entitled to the trust property ([Statute])
Answer
TLATA 1996, s 19(1)(b)

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etire. Beneficiaries may only give such a direction if there is no person nominated in the trust instrument for the purpose of appointing trustees and the beneficiaries are all together sui juris and absolutely entitled to the trust property (<span>TLATA 1996, s 19(1)(b)).<span><body><html>

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Flashcard 1358691175692

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#co-ownership #land
Question
TLATA 1996, s19 has modified Trustee Act 1925, s 36 in that it permits beneficiaries in certain circumstances to select new trustees (although they cannot actually appoint them) and to require existing trustees to retire. Beneficiaries may only give such a direction if there is no person nominated in the trust instrument for the purpose of appointing trustees and the beneficiaries are all together sui juris and absolutely entitled to the trust property (TLATA 1996, s [...])
Answer
19(1)(b)

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iaries may only give such a direction if there is no person nominated in the trust instrument for the purpose of appointing trustees and the beneficiaries are all together sui juris and absolutely entitled to the trust property (TLATA 1996, s <span>19(1)(b)).<span><body><html>

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Flashcard 1361627188492

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#freedom-of-person #human-rights #public
Question
Article 6 of the ECHR can also be violated when there is a breach of the positive obligation on a Convention state to ensure, as far as possible, fair legal process. This was the issue in the highly contentious case of [...], (involving the individual also known as Abu Qatada).
Answer
Othman v UK (2012) 55 EHRR 1

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/head>Article 6 of the ECHR can also be violated when there is a breach of the positive obligation on a Convention state to ensure, as far as possible, fair legal process. This was the issue in the highly contentious case of Othman v UK (2012) 55 EHRR 1, (involving the individual also known as Abu Qatada).<html>

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Flashcard 1361635052812

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#hra #law #public
Question
The Supreme Court dismissed the appeal. It held that under the Human Rights Act 1998, s 2(1) it was only required to take into account Strasbourg's jurisprudence, and in this particular case it declined to follow the Chamber's decision in Al-Khawaja
Answer
R v Horncastle

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awaja and Tahery v UK (2009) 49 EHRR 1, the appellants submitted that their convictions breached the ECHR, art 6(3)(d), which guarantees the right of an accused to cross-examine witnesses at a criminal trial, as well as the ECHR, art 6(1).<span>The Supreme Court dismissed the appeal. It held that under the Human Rights Act 1998, s 2(1) it was only required to take into account Strasbourg's jurisprudence, and in this particular case it declined to follow the Chamber's decision in Al-Khawaja (see section 9.2.1 on the Human Rights Act 1998, s 2(1)). The Supreme Court held that the admission of hearsay evidence under the Criminal Justice Act 2003 contained sufficient safegua

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Flashcard 1361651567884

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#freedom-of-person #human-rights #public
Question
A defendant’s silence could be taken into account where there was other strong evidence against him
Answer
Murray (John) v UK

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In Murray, the ECtHR acknowledged the importance of the right to silence to a fair criminal process as protected through the ECHR, art 6, but it also accepted that the right is not absolute. A defendant’s silence could be taken into account where there was other strong evidence against him, as there was against Murray. Where the court did find for Murray was in its conclusion that the ECHR, art 6(1) read with art 6(3)(c) had been violated because of the denial of access

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Flashcard 1361655500044

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Question
Criminal Justice and Public Order Act 1994, ss [...]: a person who, at trial, wishes to rely on any fact or material piece of evidence which he failed to mention to the police during questioning, runs the risk that the trial court will draw adverse inferences from their earlier silence.
Answer
34-37

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Criminal Justice and Public Order Act 1994, ss 34-37: a person who, at trial, wishes to rely on any fact or material piece of evidence which he failed to mention to the police during questioning, runs the risk that the trial court will dr

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Flashcard 1361657072908

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Question
Criminal Justice and Public Order Act [Year?], ss 34-37: a person who, at trial, wishes to rely on any fact or material piece of evidence which he failed to mention to the police during questioning, runs the risk that the trial court will draw adverse inferences from their earlier silence.
Answer
1994

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Criminal Justice and Public Order Act 1994, ss 34-37: a person who, at trial, wishes to rely on any fact or material piece of evidence which he failed to mention to the police during questioning, runs the risk that the trial cou

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Flashcard 1361659432204

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Question
[statute] 1994, ss 34-37: a person who, at trial, wishes to rely on any fact or material piece of evidence which he failed to mention to the police during questioning, runs the risk that the trial court will draw adverse inferences from their earlier silence.
Answer
Criminal Justice and Public Order Act

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Criminal Justice and Public Order Act 1994, ss 34-37: a person who, at trial, wishes to rely on any fact or material piece of evidence which he failed to mention to the police during questioning, runs the risk that the trial

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Flashcard 1361661791500

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Question
[...]: a person who, at trial, wishes to rely on any fact or material piece of evidence which he failed to mention to the police during questioning, runs the risk that the trial court will draw adverse inferences from their earlier silence.
Answer
Criminal Justice and Public Order Act 1994, ss 34-37

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Criminal Justice and Public Order Act 1994, ss 34-37: a person who, at trial, wishes to rely on any fact or material piece of evidence which he failed to mention to the police during questioning, runs the risk that the trial court will dr

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Flashcard 1361665461516

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#freedom-of-person #human-rights #public
Question
presumption of innocence protected under the ECHR, art [...].
Answer
6(2)

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presumption of innocence protected under the ECHR, art 6(2).

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Flashcard 1361667034380

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#freedom-of-person #human-rights #public
Question
[...] protected under the ECHR, art 6(2).
Answer
presumption of innocence

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presumption of innocence protected under the ECHR, art 6(2).

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Flashcard 1361676471564

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Question
under the PACE 1984, access to legal advice may be delayed for up to [...] where the person is detained for an indictable offence and an officer ranked superintendent or above authorises it (PACE 1984, s 58(6)).
Answer
36 hours

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under the PACE 1984, access to legal advice may be delayed for up to 36 hours where the person is detained for an indictable offence and an officer ranked superintendent or above authorises it (PACE 1984, s 58(6)).

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Flashcard 1361678044428

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#freedom-of-person #human-rights #public
Question
under the PACE 1984, access to legal advice may be delayed for up to 36 hours where [...] (PACE 1984, s 58(6)).
Answer
the person is detained for an indictable offence and an officer ranked superintendent or above authorises it

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under the PACE 1984, access to legal advice may be delayed for up to 36 hours where the person is detained for an indictable offence and an officer ranked superintendent or above authorises it (PACE 1984, s 58(6)).

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Flashcard 1361679617292

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Question
under the PACE 1984, access to legal advice may be delayed for up to 36 hours where the person is detained for an indictable offence and an officer ranked superintendent or above authorises it (PACE 1984, s [...]).
Answer
58(6)

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html>under the PACE 1984, access to legal advice may be delayed for up to 36 hours where the person is detained for an indictable offence and an officer ranked superintendent or above authorises it (PACE 1984, s 58(6)).<html>

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Flashcard 1361681190156

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Question
access to legal advice may be delayed for up to 36 hours where the person is detained for an indictable offence and an officer ranked superintendent or above authorises it (PACE [year], s 58(6)).
Answer
1984

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under the PACE 1984, access to legal advice may be delayed for up to 36 hours where the person is detained for an indictable offence and an officer ranked superintendent or above authorises it (PACE 1984, s 58(6)).

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Flashcard 1361683549452

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#freedom-of-person #human-rights #public
Question
Access to legal advice may be delayed for up to 36 hours where the person is detained for an indictable offence and an officer ranked superintendent or above authorises it ([Statute]).
Answer
PACE 1984, s 58(6)

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under the PACE 1984, access to legal advice may be delayed for up to 36 hours where the person is detained for an indictable offence and an officer ranked superintendent or above authorises it (PACE 1984, s 58(6)).

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Flashcard 1361686170892

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#freedom-of-person #human-rights #public
Question
Under the Terrorism Act 2000, Schedule 8, where a person has been detained under the Act, an officer of the rank of superintendent or above may also delay access to legal advice for up to [...] (paragraph 8).
Answer
48 hours

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Under the Terrorism Act 2000, Schedule 8, where a person has been detained under the Act, an officer of the rank of superintendent or above may also delay access to legal advice for up to 48 hours (paragraph 8).

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Flashcard 1361687743756

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Question
Under the Terrorism Act 2000, Schedule 8, where a person has been detained under the Act, an officer of the rank of superintendent or above may also delay access to legal advice for up to 48 hours ([...]).
Answer
paragraph 8

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Under the Terrorism Act 2000, Schedule 8, where a person has been detained under the Act, an officer of the rank of superintendent or above may also delay access to legal advice for up to 48 hours (paragraph 8).

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Flashcard 1361689316620

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Question
Under the Terrorism Act [year], Schedule 8, where a person has been detained under the Act, an officer of the rank of superintendent or above may also delay access to legal advice for up to 48 hours (paragraph 8).
Answer
2000

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Under the Terrorism Act 2000, Schedule 8, where a person has been detained under the Act, an officer of the rank of superintendent or above may also delay access to legal advice for up to 48 hours (paragraph 8).</s

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Flashcard 1361691675916

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Question
Under the [statute] 2000, Schedule 8, where a person has been detained under the Act, an officer of the rank of superintendent or above may also delay access to legal advice for up to 48 hours (paragraph 8).
Answer
Terrorism Act

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Under the Terrorism Act 2000, Schedule 8, where a person has been detained under the Act, an officer of the rank of superintendent or above may also delay access to legal advice for up to 48 hours (paragraph 8)

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Flashcard 1361694035212

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Question
Under the Terrorism Act 2000, Schedule 8, where a person has been detained under the Act, [who] may also delay access to legal advice for up to 48 hours (paragraph 8).
Answer
an officer of the rank of superintendent or above

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Under the Terrorism Act 2000, Schedule 8, where a person has been detained under the Act, an officer of the rank of superintendent or above may also delay access to legal advice for up to 48 hours (paragraph 8).

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Flashcard 1361696394508

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Question
Under the Terrorism Act 2000, Schedule [...], where a person has been detained under the Act, an officer of the rank of superintendent or above may also delay access to legal advice for up to 48 hours (paragraph 8).
Answer
8

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Under the Terrorism Act 2000, Schedule 8, where a person has been detained under the Act, an officer of the rank of superintendent or above may also delay access to legal advice for up to 48 hours (paragraph 8).<

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Flashcard 1361699540236

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Question
Under the [...], where a person has been detained under the Act, an officer of the rank of superintendent or above may also delay access to legal advice for up to 48 hours (paragraph 8).
Answer
Terrorism Act 2000, Schedule 8

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Under the Terrorism Act 2000, Schedule 8, where a person has been detained under the Act, an officer of the rank of superintendent or above may also delay access to legal advice for up to 48 hours (paragraph 8).<

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Flashcard 1361702948108

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#hra #law #public
Question
Under the PACE 1984, s 58, suspects are entitled to consult a solicitor in private at any time. As such, they are entitled to have a solicitor present during questioning. Similar provisions apply under the [statute], in relation to a detained terrorist suspect.
Answer
Terrorism Act 2000, Schedule 8, paragraph 7

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l>Under the PACE 1984, s 58, suspects are entitled to consult a solicitor in private at any time. As such, they are entitled to have a solicitor present during questioning. Similar provisions apply under the Terrorism Act 2000, Schedule 8, paragraph 7, in relation to a detained terrorist suspect.<html>

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Question
Under the PACE 1984, s 58, suspects are entitled to consult a solicitor in private at any time. As such, they are entitled to have a solicitor present during questioning. Similar provisions apply under the Terrorism Act 2000, Schedule [...], paragraph 7, in relation to a detained terrorist suspect.
Answer
8

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pan>Under the PACE 1984, s 58, suspects are entitled to consult a solicitor in private at any time. As such, they are entitled to have a solicitor present during questioning. Similar provisions apply under the Terrorism Act 2000, Schedule <span>8, paragraph 7, in relation to a detained terrorist suspect.<span><body><html>

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Question
Under the PACE 1984, s 58, suspects are entitled to consult a solicitor in private at any time. As such, they are entitled to have a solicitor present during questioning. Similar provisions apply under the Terrorism Act 2000, Schedule 8, paragraph [...], in relation to a detained terrorist suspect.
Answer
7

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PACE 1984, s 58, suspects are entitled to consult a solicitor in private at any time. As such, they are entitled to have a solicitor present during questioning. Similar provisions apply under the Terrorism Act 2000, Schedule 8, paragraph <span>7, in relation to a detained terrorist suspect.<span><body><html>

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Question
The ECtHR found that the presence of a police officer within hearing range during the applicant's first consultation with his solicitor infringed his right to an effective exercise of his defence rights, a violation of the ECHR, art 6(3)(c) read in conjunction with the ECHR, art 6(1).
Answer
Brennan v UK (2002)

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Brennan v UK (2002) 34 EHRR 18. The ECtHR found that the presence of a police officer within hearing range during the applicant's first consultation with his solicitor infringed his right to an effective exercise of his defence rights, a violation of the ECHR, art 6(3)(c) read in conjunction with the ECHR, art 6(1).

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Question
In this case denial of access to legal advice during questioning following arrest constituted a violation of the ECHR, art 6 and in particular art 6(1), read together with art 6(3)(c).
Answer
Murray (John) v UK

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Murray (John) v UK (1996) 22 EHRR 29. in this case denial of access to legal advice during questioning following arrest constituted a violation of the ECHR, art 6 and in particular art 6(1), read together with art 6(3)(c). Article 6(3)(c) of the ECHR entitles a person charged with a criminal offence 'to defend himself in person or through legal assistance of his own choosing'. The court recognised that

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Question
In [case] the delay, for a 14-year-old, between the date of charge and the date of trial was 27 months. The Privy Council stated that the protection afforded by the ECHR, art 6(1) may be regarded as demanding a standard of performance by the prosecutor which is more exacting than that set by common law, as it does not require the person charged to demonstrate prejudice.
Answer
HM Advocate v JK [2002]

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In HM Advocate v JK [2002] UKPC D1, 29, the delay, for a 14-year-old, between the date of charge and the date of trial was 27 months. The Privy Council stated that the protection afforded by the ECHR, art 6(1) may be regar

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Flashcard 1361722346764

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Question
ECHR Article [...] entitles everyone to a fair and public hearing within a reasonable time.
Answer
6(1)

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ECHR Article 6(1) entitles everyone to a fair and public hearing within a reasonable time.

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Flashcard 1361723919628

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Question
[statute] entitles everyone to a fair and public hearing within a reasonable time.
Answer
ECHR Article 6(1)

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ECHR Article 6(1) entitles everyone to a fair and public hearing within a reasonable time.

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Flashcard 1361726541068

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Question
ECHR Article 6(1) entitles everyone to [...] within a reasonable time.
Answer
a fair and public hearing

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ECHR Article 6(1) entitles everyone to a fair and public hearing within a reasonable time.

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Flashcard 1361728113932

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Question
ECHR Article 6(1) entitles everyone to a fair and public hearing within [...].
Answer
a reasonable time

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ECHR Article 6(1) entitles everyone to a fair and public hearing within a reasonable time.

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Flashcard 1361729686796

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Question
ECHR Article 6(1) entitles [...].
Answer
everyone to a fair and public hearing within a reasonable time

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ECHR Article 6(1) entitles everyone to a fair and public hearing within a reasonable time.

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Flashcard 1361732570380

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Question
In [case], the Court of Appeal, overturning a decision of the Administrative Court, held that an administrative panel that was not wholly independent would not necessarily violate the ECHR, art 6(1), if the panel was still able to arrive at a fair and reasonable recommendation.
Answer
R (Beeson) v Dorset CC [2003]

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In R (Beeson) v Dorset CC [2003], the Court of Appeal, overturning a decision of the Administrative Court, held that an administrative panel that was not wholly independent would not necessarily violate the ECHR, art 6

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Question
In R (Beeson) v Dorset CC [2003], the Court of Appeal, overturning a decision of the Administrative Court, held that an administrative panel that was not wholly independent would not necessarily violate the ECHR, art 6(1), if [...].
Answer
the panel was still able to arrive at a fair and reasonable recommendation

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body>In R (Beeson) v Dorset CC [2003], the Court of Appeal, overturning a decision of the Administrative Court, held that an administrative panel that was not wholly independent would not necessarily violate the ECHR, art 6(1), if the panel was still able to arrive at a fair and reasonable recommendation.<body><html>

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Flashcard 1361736764684

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Question
In [case], the ECtHR made it clear that even a relatively minor doubt as to the impartiality of a tribunal could constitute a violation of the ECHR, art 6(1).
Answer
McGonnell v UK (2000)

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In McGonnell v UK (2000) 30 EHRR 289, the ECtHR made it clear that even a relatively minor doubt as to the impartiality of a tribunal could constitute a violation of the ECHR, art 6(1).

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Flashcard 1361739123980

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Question
In McGonnell v UK (2000) 30 EHRR 289, the ECtHR made it clear that even a relatively minor doubt as to the impartiality of a tribunal could constitute a violation of the ECHR, art [...].
Answer
6(1)

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In McGonnell v UK (2000) 30 EHRR 289, the ECtHR made it clear that even a relatively minor doubt as to the impartiality of a tribunal could constitute a violation of the ECHR, art 6(1).

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Flashcard 1361746201868

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Question
ECHR, Art [...]: Right to a Fair Trial
Answer
6

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ECHR, Art 6: Right to a Fair Trial

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Flashcard 1361747774732

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Question
[statute]: Right to a Fair Trial
Answer
ECHR, Art 6

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ECHR, Art 6: Right to a Fair Trial

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Flashcard 1361750134028

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Question
ECHR, Art 6: [...]
Answer
Right to a Fair Trial

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ECHR, Art 6: Right to a Fair Trial

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Flashcard 1361751969036

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Question
The Terrorism Act 2000 seeks consistency with the ECHR, art [...] by providing that any detention of a terrorist suspect beyond 48 hours can only continue with judicial approval.
Answer
5(3)

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The Terrorism Act 2000 seeks consistency with the ECHR, art 5(3) by providing that any detention of a terrorist suspect beyond 48 hours can only continue with judicial approval.

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Flashcard 1361753541900

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Question
The Terrorism Act 2000 seeks consistency with the ECHR, art 5(3) by providing that any detention of a terrorist suspect beyond 48 hours can only continue [...].
Answer
with judicial approval

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The Terrorism Act 2000 seeks consistency with the ECHR, art 5(3) by providing that any detention of a terrorist suspect beyond 48 hours can only continue with judicial approval.

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Flashcard 1361755114764

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Question
The Terrorism Act 2000 seeks consistency with the ECHR, art 5(3) by providing that any detention of a terrorist suspect [...] can only continue with judicial approval.
Answer
beyond 48 hours

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The Terrorism Act 2000 seeks consistency with the ECHR, art 5(3) by providing that any detention of a terrorist suspect beyond 48 hours can only continue with judicial approval.

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Flashcard 1361757736204

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Question
in [case], detention without charge and without judicial authorisation – the detention after an initial 48 period had been authorised by the Home Secretary – for periods of more than four days and six hours was considered too long for the purposes of the ECHR, art 5(3).
Answer
Brogan v UK

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in Brogan v UK, detention without charge and without judicial authorisation – the detention after an initial 48 period had been authorised by the Home Secretary – for periods of more than four days an

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Question
in Brogan v UK, detention without charge and without judicial authorisation – the detention after an initial 48 period had been authorised by the Home Secretary – for periods of [...] was considered too long for the purposes of the ECHR, art 5(3).
Answer
more than four days and six hours

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in Brogan v UK, detention without charge and without judicial authorisation – the detention after an initial 48 period had been authorised by the Home Secretary – for periods of more than four days and six hours was considered too long for the purposes of the ECHR, art 5(3).

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Flashcard 1361764289804

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Question
A senior judge or designated District Judge may authorise further detention under warrant of a person arrested under the Terrorism Act 2000, s 41 for a period of up to seven days from the time of arrest (Terrorism Act 2000, Schedule 8, paragraph [...],).
Answer
29

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or judge or designated District Judge may authorise further detention under warrant of a person arrested under the Terrorism Act 2000, s 41 for a period of up to seven days from the time of arrest (Terrorism Act 2000, Schedule 8, paragraph <span>29,).<span><body><html>

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Flashcard 1361765862668

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Question
A senior judge or designated District Judge may authorise further detention under warrant of a person arrested under the Terrorism Act 2000, s 41 for a period of up to seven days from the time of arrest (Terrorism Act 2000, Schedule [...], paragraph 29,).
Answer
8

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>A senior judge or designated District Judge may authorise further detention under warrant of a person arrested under the Terrorism Act 2000, s 41 for a period of up to seven days from the time of arrest (Terrorism Act 2000, Schedule 8, paragraph 29,).<span><body><html>

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Flashcard 1361767435532

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Question
A senior judge or designated District Judge may authorise further detention under warrant of a person arrested under the Terrorism Act 2000, s 41 for a period of up to seven days from the time of arrest ([...], Schedule 8, paragraph 29,).
Answer
Terrorism Act 2000

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A senior judge or designated District Judge may authorise further detention under warrant of a person arrested under the Terrorism Act 2000, s 41 for a period of up to seven days from the time of arrest (Terrorism Act 2000, Schedule 8, paragraph 29,).

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Flashcard 1361769008396

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Question
A senior judge or designated District Judge may authorise further detention under warrant of a person arrested under the Terrorism Act 2000, s 41 for a period of up to seven days from the time of arrest ([...],).
Answer
Terrorism Act 2000, Schedule 8, paragraph 29

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A senior judge or designated District Judge may authorise further detention under warrant of a person arrested under the Terrorism Act 2000, s 41 for a period of up to seven days from the time of arrest (Terrorism Act 2000, Schedule 8, paragraph 29,).

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Flashcard 1361770581260

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Question
A [...] may authorise further detention under warrant of a person arrested under the Terrorism Act 2000, s 41 for a period of up to seven days from the time of arrest (Terrorism Act 2000, Schedule 8, paragraph 29,).
Answer
senior judge or designated District Judge

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A senior judge or designated District Judge may authorise further detention under warrant of a person arrested under the Terrorism Act 2000, s 41 for a period of up to seven days from the time of arrest (Terrorism Act 2000, Sche

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Flashcard 1361772154124

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Question
A senior judge or designated District Judge may authorise further detention under warrant of a person arrested under the Terrorism Act 2000, s 41 for a period of [...] (Terrorism Act 2000, Schedule 8, paragraph 29,).
Answer
up to seven days from the time of arrest

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A senior judge or designated District Judge may authorise further detention under warrant of a person arrested under the Terrorism Act 2000, s 41 for a period of up to seven days from the time of arrest (Terrorism Act 2000, Schedule 8, paragraph 29,).

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Flashcard 1361773989132

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Question
The present provisions allow the police to detain a person for [...] on their own authority from the time of arrest (Terrorism Act 2000, s 41(3)).
Answer
up to 48 hours

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The present provisions allow the police to detain a person for up to 48 hours on their own authority from the time of arrest (Terrorism Act 2000, s 41(3)).

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Flashcard 1361775561996

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Question
The present provisions allow the police to detain a person for up to 48 hours on their own authority from the time of arrest (Terrorism Act 2000, s [...]).
Answer
41(3)

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The present provisions allow the police to detain a person for up to 48 hours on their own authority from the time of arrest (Terrorism Act 2000, s 41(3)).

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Flashcard 1361777134860

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Question
The present provisions allow the police to detain a person for up to 48 hours on their own authority from the time of arrest ([...]).
Answer
Terrorism Act 2000, s 41(3)

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The present provisions allow the police to detain a person for up to 48 hours on their own authority from the time of arrest (Terrorism Act 2000, s 41(3)).

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Flashcard 1361783688460

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Question
Where certain grounds are satisfied, detaining a person for [...] can be authorised by a police officer with the rank of superintendent or higher (PACE 1984, s 42(1)).
Answer
up to 36 hours

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Where certain grounds are satisfied, detaining a person for up to 36 hours can be authorised by a police officer with the rank of superintendent or higher (PACE 1984, s 42(1)).

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Flashcard 1361785261324

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Question
Where certain grounds are satisfied, detaining a person for up to 36 hours can be authorised by [...] (PACE 1984, s 42(1)).
Answer
a police officer with the rank of superintendent or higher

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Where certain grounds are satisfied, detaining a person for up to 36 hours can be authorised by a police officer with the rank of superintendent or higher (PACE 1984, s 42(1)).

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Flashcard 1361786834188

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Question
Where certain grounds are satisfied, detaining a person for up to 36 hours can be authorised by a police officer with the rank of superintendent or higher (PACE 1984, s [...]).
Answer
42(1)

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Where certain grounds are satisfied, detaining a person for up to 36 hours can be authorised by a police officer with the rank of superintendent or higher (PACE 1984, s 42(1)).

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Flashcard 1361788407052

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Question
Where certain grounds are satisfied, detaining a person for up to 36 hours can be authorised by a police officer with the rank of superintendent or higher ([...], s 42(1)).
Answer
PACE 1984

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Where certain grounds are satisfied, detaining a person for up to 36 hours can be authorised by a police officer with the rank of superintendent or higher (PACE 1984, s 42(1)).

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Flashcard 1361789979916

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Question
Where certain grounds are satisfied, detaining a person for up to 36 hours can be authorised by a police officer with the rank of superintendent or higher ([...]).
Answer
PACE 1984, s 42(1)

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Where certain grounds are satisfied, detaining a person for up to 36 hours can be authorised by a police officer with the rank of superintendent or higher (PACE 1984, s 42(1)).

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Flashcard 1361791552780

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Question
The basic length of the detention without charge is for [...] (PACE 1984, s 41(7))
Answer
24 hours

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The basic length of the detention without charge is for 24 hours (PACE 1984, s 41(7))

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Flashcard 1361793125644

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Question
The basic length of the detention without charge is for 24 hours (PACE 1984, s [...])
Answer
41(7)

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The basic length of the detention without charge is for 24 hours (PACE 1984, s 41(7))

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Flashcard 1361794698508

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Question
The basic length of the detention without charge is for 24 hours ([...], s 41(7))
Answer
PACE 1984

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The basic length of the detention without charge is for 24 hours (PACE 1984, s 41(7))

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Flashcard 1361796271372

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Question
The basic length of the detention without charge is for 24 hours ([...])
Answer
PACE 1984, s 41(7)

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The basic length of the detention without charge is for 24 hours (PACE 1984, s 41(7))

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Flashcard 1361798368524

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Question
Under the Terrorism Act 2000, s [...], power is given to arrest a person without warrant whom the officer 'reasonably suspects is a terrorist'.
Answer
41(1)

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Under the Terrorism Act 2000, s 41(1), power is given to arrest a person without warrant whom the officer 'reasonably suspects is a terrorist'.

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Flashcard 1361799941388

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Question
Under the [...], s 41(1), power is given to arrest a person without warrant whom the officer 'reasonably suspects is a terrorist'.
Answer
Terrorism Act 2000

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Under the Terrorism Act 2000, s 41(1), power is given to arrest a person without warrant whom the officer 'reasonably suspects is a terrorist'.

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Flashcard 1361801514252

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Question
Under the [...], power is given to arrest a person without warrant whom the officer 'reasonably suspects is a terrorist'.
Answer
Terrorism Act 2000, s 41(1)

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Under the Terrorism Act 2000, s 41(1), power is given to arrest a person without warrant whom the officer 'reasonably suspects is a terrorist'.

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Flashcard 1361803087116

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Question
Under the Terrorism Act 2000, s 41(1), power is given to arrest a person without warrant whom the officer [...].
Answer
'reasonably suspects is a terrorist'

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Under the Terrorism Act 2000, s 41(1), power is given to arrest a person without warrant whom the officer 'reasonably suspects is a terrorist'.

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Flashcard 1361808067852

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Question
in the case of [case] the Supreme Court held that the imposition of a 16-hour curfew and the requirement that the appellant had to live 150 miles from his family did amount to a violation of his right to liberty under the ECHR, art 5. The appellant had been subjected to a control order since 2008.
Answer
Secretary of State for the Home Department v AP, [2010]

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in the case of Secretary of State for the Home Department v AP, [2010] UKSC 24 the Supreme Court held that the imposition of a 16-hour curfew and the requirement that the appellant had to live 150 miles from his family did amount to a violation of his right to lib

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Flashcard 1361810427148

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Question
in the case of Secretary of State for the Home Department v AP, [2010] UKSC 24 the Supreme Court held that the imposition of a [...] curfew and the requirement that the appellant had to live 150 miles from his family did amount to a violation of his right to liberty under the ECHR, art 5. The appellant had been subjected to a control order since 2008.
Answer
16-hour

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in the case of Secretary of State for the Home Department v AP, [2010] UKSC 24 the Supreme Court held that the imposition of a 16-hour curfew and the requirement that the appellant had to live 150 miles from his family did amount to a violation of his right to liberty under the ECHR, art 5. The appellant had been subj

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Flashcard 1361812000012

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Question
in the case of Secretary of State for the Home Department v AP, [2010] UKSC 24 the Supreme Court held that the imposition of a 16-hour curfew and the requirement that the appellant had to live [...] from his family did amount to a violation of his right to liberty under the ECHR, art 5. The appellant had been subjected to a control order since 2008.
Answer
150 miles

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in the case of Secretary of State for the Home Department v AP, [2010] UKSC 24 the Supreme Court held that the imposition of a 16-hour curfew and the requirement that the appellant had to live 150 miles from his family did amount to a violation of his right to liberty under the ECHR, art 5. The appellant had been subjected to a control order since 2008.

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Flashcard 1361814097164

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Question
In [case], the House of Lords upheld the decisions of the High Court and Court of Appeal that certain non-derogating control orders imposed by the Home Secretary under the Prevention of Terrorism Act 2005 did in fact amount to a deprivation of liberty.
Answer
Re JJ [2007] UKHL 45

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In Re JJ [2007] UKHL 45, the House of Lords upheld the decisions of the High Court and Court of Appeal that certain non-derogating control orders imposed by the Home Secretary under the Prevention of Terrori

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Flashcard 1361818553612

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Question
[case], the ECtHR held that the ECHR, art 5(4) had been violated because there had been no judicial control of the applicants' detention. The Home Secretary, rather than a court, had decided on the length of the tariff to be served and there had been no form of review.
Answer
T and V v UK (2000) 30 EHRR 121

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T and V v UK (2000) 30 EHRR 121, the ECtHR held that the ECHR, art 5(4) had been violated because there had been no judicial control of the applicants' detention. The Home Secretary, rather than a court, had decide

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Flashcard 1361820912908

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Question
T and V v UK (2000) 30 EHRR 121, the ECtHR held that the ECHR, art 5(4) had been violated because [...]. The Home Secretary, rather than a court, had decided on the length of the tariff to be served and there had been no form of review.
Answer
there had been no judicial control of the applicants' detention

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T and V v UK (2000) 30 EHRR 121, the ECtHR held that the ECHR, art 5(4) had been violated because there had been no judicial control of the applicants' detention. The Home Secretary, rather than a court, had decided on the length of the tariff to be served and there had been no form of review.

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Flashcard 1361822747916

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Question
In [case], the ECtHR held that delays of 21 months and 2 years between reviews of the applicant's continued detention amounted to a breach of the ECHR, art 5(4).
Answer
Hirst v UK (2001) ECHR 477

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In Hirst v UK (2001) ECHR 477, the ECtHR held that delays of 21 months and 2 years between reviews of the applicant's continued detention amounted to a breach of the ECHR, art 5(4).

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Flashcard 1361825107212

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Question
In Hirst v UK (2001) ECHR 477, the ECtHR held that delays of [...] between reviews of the applicant's continued detention amounted to a breach of the ECHR, art 5(4).
Answer
21 months and 2 years

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In Hirst v UK (2001) ECHR 477, the ECtHR held that delays of 21 months and 2 years between reviews of the applicant's continued detention amounted to a breach of the ECHR, art 5(4).

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Flashcard 1361827728652

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Question
ECHR Article [...] states that a person who is arrested and detained 'shall be entitled' ('speedily') to challenge in court the lawfulness of the action taken against them.
Answer
5(4)

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ECHR Article 5(4) states that a person who is arrested and detained 'shall be entitled' ('speedily') to challenge in court the lawfulness of the action taken against them.

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Flashcard 1361829301516

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Question
[statute] states that a person who is arrested and detained 'shall be entitled' ('speedily') to challenge in court the lawfulness of the action taken against them.
Answer
ECHR Article 5(4)

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ECHR Article 5(4) states that a person who is arrested and detained 'shall be entitled' ('speedily') to challenge in court the lawfulness of the action taken against them.

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Flashcard 1361831660812

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Question
ECHR Article 5(4) states that [...]
Answer
a person who is arrested and detained 'shall be entitled' ('speedily') to challenge in court the lawfulness of the action taken against them.

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ECHR Article 5(4) states that a person who is arrested and detained 'shall be entitled' ('speedily') to challenge in court the lawfulness of the action taken against them.

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Flashcard 1361833233676

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Question
ECHR Article 5(4) states that a person who is arrested and detained 'shall be entitled' ('speedily') [...] taken against them.
Answer
to challenge in court the lawfulness of the action

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ECHR Article 5(4) states that a person who is arrested and detained 'shall be entitled' ('speedily') to challenge in court the lawfulness of the action taken against them.

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Flashcard 1361835068684

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Question
In [case], the ECtHR held that detention after arrest of four days and six hours violated the ECHR, art 5(3) in that the individual had not been brought 'promptly' before a judge. This seems to suggest that, while this question should be judged in the context of the particular case, there are some periods of delay the court will always hold to be excessive.
Answer
Brogan v UK (1989) 11 EHRR 117

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In Brogan v UK (1989) 11 EHRR 117, the ECtHR held that detention after arrest of four days and six hours violated the ECHR, art 5(3) in that the individual had not been brought 'promptly' before a judge. This seems t

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Flashcard 1361837690124

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Question
In Brogan v UK (1989) 11 EHRR 117, the ECtHR held that detention after arrest of [...] violated the ECHR, art 5(3) in that the individual had not been brought 'promptly' before a judge. This seems to suggest that, while this question should be judged in the context of the particular case, there are some periods of delay the court will always hold to be excessive.
Answer
four days and six hours

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In Brogan v UK (1989) 11 EHRR 117, the ECtHR held that detention after arrest of four days and six hours violated the ECHR, art 5(3) in that the individual had not been brought 'promptly' before a judge. This seems to suggest that, while this question should be judged in the context of t

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Flashcard 1361841097996

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Question
ECHR Article [...]: the right of a person arrested and detained to be 'brought promptly before a judge'.
Answer
5(3)

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ECHR Article 5(3): the right of a person arrested and detained to be 'brought promptly before a judge'.

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Flashcard 1361842670860

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Question
[...]: the right of a person arrested and detained to be 'brought promptly before a judge'.
Answer
ECHR Article 5(3)

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ECHR Article 5(3): the right of a person arrested and detained to be 'brought promptly before a judge'.

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Flashcard 1361844243724

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Question
ECHR Article 5(3): the right of a person arrested and detained to [...].
Answer
be 'brought promptly before a judge'

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ECHR Article 5(3): the right of a person arrested and detained to be 'brought promptly before a judge'.

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Flashcard 1361845816588

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Question
ECHR Article 5(3): the right [...].
Answer
of a person arrested and detained to be 'brought promptly before a judge'

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ECHR Article 5(3): the right of a person arrested and detained to be 'brought promptly before a judge'.

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Flashcard 1361848438028

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Question
ECHR Article [...] requires that an arrested person be informed promptly and clearly of the reasons for their arrest and any charge against them.
Answer
5(2)

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ECHR Article 5(2) requires that an arrested person be informed promptly and clearly of the reasons for their arrest and any charge against them.

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Flashcard 1361850010892

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Question
[statute] requires that an arrested person be informed promptly and clearly of the reasons for their arrest and any charge against them.
Answer
ECHR Article 5(2)

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ECHR Article 5(2) requires that an arrested person be informed promptly and clearly of the reasons for their arrest and any charge against them.

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Flashcard 1361852370188

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Question
ECHR Article 5(2) requires that an arrested person be [...].
Answer
informed promptly and clearly of the reasons for their arrest and any charge against them

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ECHR Article 5(2) requires that an arrested person be informed promptly and clearly of the reasons for their arrest and any charge against them.

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Flashcard 1361853943052

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Question
ECHR Article 5(2) requires that [...].
Answer
an arrested person be informed promptly and clearly of the reasons for their arrest and any charge against them

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ECHR Article 5(2) requires that an arrested person be informed promptly and clearly of the reasons for their arrest and any charge against them.

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Flashcard 1361857613068

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Question
ECHR Article [...] is the most important of these in terms of police powers: it states that a person may be deprived of their liberty where that person is being lawfully arrested and detained 'for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so'.
Answer
5(1)(c)

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ECHR Article 5(1)(c) is the most important of these in terms of police powers: it states that a person may be deprived of their liberty where that person is being lawfully arrested and detained 'for the purp

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Flashcard 1361859185932

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Question
[statute] is the most important of these in terms of police powers: it states that a person may be deprived of their liberty where that person is being lawfully arrested and detained 'for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so'.
Answer
ECHR Article 5(1)(c)

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ECHR Article 5(1)(c) is the most important of these in terms of police powers: it states that a person may be deprived of their liberty where that person is being lawfully arrested and detained 'for the purp

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Flashcard 1361861545228

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Question
ECHR Article 5(1)(c) is the most important of these in terms of police powers: it states that a person may be deprived of their liberty [...]
Answer
where that person is being lawfully arrested and detained

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ECHR Article 5(1)(c) is the most important of these in terms of police powers: it states that a person may be deprived of their liberty where that person is being lawfully arrested and detained 'for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his

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Flashcard 1361863904524

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Question
ECHR Article 5(1)(c) is the most important of these in terms of police powers: it states that a person may be deprived of their liberty where that person is being lawfully arrested and detained 'for the purpose of [...] on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so'.
Answer
bringing him before the competent legal authority

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ead><head>ECHR Article 5(1)(c) is the most important of these in terms of police powers: it states that a person may be deprived of their liberty where that person is being lawfully arrested and detained 'for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so'.<

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Flashcard 1361865477388

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Question
ECHR Article 5(1)(c) is the most important of these in terms of police powers: it states that a person may be deprived of their liberty where that person is being lawfully arrested and detained 'for the purpose of bringing him before the competent legal authority on [...] or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so'.
Answer
reasonable suspicion of having committed an offence

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the most important of these in terms of police powers: it states that a person may be deprived of their liberty where that person is being lawfully arrested and detained 'for the purpose of bringing him before the competent legal authority on <span>reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so'.<span><body><html>

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Flashcard 1361867050252

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Question
ECHR Article 5(1)(c) is the most important of these in terms of police powers: it states that a person may be deprived of their liberty where that person is being lawfully arrested and detained 'for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when it [...] or fleeing after having done so'.
Answer
is reasonably considered necessary to prevent his committing an offence

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s that a person may be deprived of their liberty where that person is being lawfully arrested and detained 'for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when it <span>is reasonably considered necessary to prevent his committing an offence or fleeing after having done so'.<span><body><html>

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Flashcard 1361868623116

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Question
ECHR Article 5(1)(c) is the most important of these in terms of police powers: it states that a person may be deprived of their liberty where that person is being lawfully arrested and detained 'for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or [...]'.
Answer
fleeing after having done so

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lawfully arrested and detained 'for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or <span>fleeing after having done so'.<span><body><html>

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Flashcard 1361871768844

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Question
Article 5(1) of the ECHR firstly provides for the substantive right of liberty itself. It then goes on to say that no one can be deprived of their liberty unless this is done [...] and then only under the specific circumstances outlined in sub-paragraphs (a)–(f). These sub-paragraphs define a variety of situations in which a person may be legitimately deprived of their liberty by the state.
Answer
'in accordance with a procedure prescribed by law'

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Article 5(1) of the ECHR firstly provides for the substantive right of liberty itself. It then goes on to say that no one can be deprived of their liberty unless this is done 'in accordance with a procedure prescribed by law' and then only under the specific circumstances outlined in sub-paragraphs (a)–(f). These sub-paragraphs define a variety of situations in which a person may be legitimately deprived o

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Flashcard 1361874128140

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#freedom-of-person #human-rights #public
Question
Guarantees against arbitrary arrest and detention are provided by the ECHR, art [...].
Answer
5

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Guarantees against arbitrary arrest and detention are provided by the ECHR, art 5.

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Flashcard 1361875701004

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#freedom-of-person #human-rights #public
Question
Guarantees against arbitrary arrest and detention are provided by the [statute].
Answer
ECHR, art 5

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Guarantees against arbitrary arrest and detention are provided by the ECHR, art 5.

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Flashcard 1361878060300

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#freedom-of-person #human-rights #public
Question
Guarantees [...] are provided by the ECHR, art 5.
Answer
against arbitrary arrest and detention

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Guarantees against arbitrary arrest and detention are provided by the ECHR, art 5.

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Flashcard 1361879633164

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#freedom-of-person #human-rights #public
Question
ECHR, Art [...]: Right to Liberty and Security of the Person
Answer
5

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ECHR, Art 5: Right to Liberty and Security of the Person

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Flashcard 1361881206028

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Question
[statute]: Right to Liberty and Security of the Person
Answer
ECHR, Art 5

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ECHR, Art 5: Right to Liberty and Security of the Person

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Flashcard 1361883565324

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#freedom-of-person #human-rights #public
Question
ECHR, Art 5: [...]
Answer
Right to Liberty and Security of the Person

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ECHR, Art 5: Right to Liberty and Security of the Person

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Flashcard 1361898769676

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#co-ownership #land
Question
TLATA 1996, s19 has modified Trustee Act 1925, s 36 in that it permits beneficiaries in certain circumstances to select new trustees (although they cannot actually appoint them) and to require existing trustees to retire. Beneficiaries may only give such a direction if there is no person nominated in the trust instrument for the purpose of appointing trustees and the beneficiaries are all together sui juris and [...] (TLATA 1996, s 19(1)(b)).
Answer
absolutely entitled to the trust property

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them) and to require existing trustees to retire. Beneficiaries may only give such a direction if there is no person nominated in the trust instrument for the purpose of appointing trustees and the beneficiaries are all together sui juris and <span>absolutely entitled to the trust property (TLATA 1996, s 19(1)(b)).<span><body><html>

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The main procedural criteria for a derogation to apply for the purposes of the HRA 1998 is that it is designated as such in an order from the Secretary of State: HRA 1998, s 14(1)
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The main procedural criteria for a derogation to apply for the purposes of the HRA 1998 is that it is designated as such in an order from the Secretary of State: HRA 1998, s 14(1). Reservations are subject to a virtually identical procedure: HRA 1998, s 15(1).

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Flashcard 1361911090444

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Question
The main procedural criteria for a derogation to apply for the purposes of the HRA 1998 is that [...] in an order from the Secretary of State: HRA 1998, s 14(1)
Answer
it is designated as such

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The main procedural criteria for a derogation to apply for the purposes of the HRA 1998 is that it is designated as such in an order from the Secretary of State: HRA 1998, s 14(1)

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Flashcard 1361912663308

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Question
The main procedural criteria for a derogation to apply for the purposes of the HRA 1998 is that it is designated as such in [...] from the Secretary of State: HRA 1998, s 14(1)
Answer
an order

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The main procedural criteria for a derogation to apply for the purposes of the HRA 1998 is that it is designated as such in an order from the Secretary of State: HRA 1998, s 14(1)

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Flashcard 1361914236172

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Question
The main procedural criteria for a derogation to apply for the purposes of the HRA 1998 is that it is designated as such in an order [...]: HRA 1998, s 14(1)
Answer
from the Secretary of State

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The main procedural criteria for a derogation to apply for the purposes of the HRA 1998 is that it is designated as such in an order from the Secretary of State: HRA 1998, s 14(1)

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Flashcard 1361915809036

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Question
The main procedural criteria for a derogation to apply for the purposes of the HRA 1998 is that it is designated as such in an order from the Secretary of State: HRA 1998, s [...]
Answer
14(1)

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The main procedural criteria for a derogation to apply for the purposes of the HRA 1998 is that it is designated as such in an order from the Secretary of State: HRA 1998, s 14(1)

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Flashcard 1361917381900

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Question
The main procedural criteria for a derogation to apply for the purposes of the HRA 1998 is that it is designated as such in an order from the Secretary of State: HRA [...], s 14(1)
Answer
1998

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The main procedural criteria for a derogation to apply for the purposes of the HRA 1998 is that it is designated as such in an order from the Secretary of State: HRA 1998, s 14(1)

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Flashcard 1361918954764

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Question
The main procedural criteria for a derogation to apply for the purposes of the HRA 1998 is that it is designated as such in an order from the Secretary of State: [statute] 1998, s 14(1)
Answer
HRA

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The main procedural criteria for a derogation to apply for the purposes of the HRA 1998 is that it is designated as such in an order from the Secretary of State: HRA 1998, s 14(1)

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Flashcard 1361921314060

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Question
The main procedural criteria for a derogation to apply for the purposes of the HRA 1998 is that it is designated as such in an order from the Secretary of State: [statute]
Answer
HRA 1998, s 14(1)

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The main procedural criteria for a derogation to apply for the purposes of the HRA 1998 is that it is designated as such in an order from the Secretary of State: HRA 1998, s 14(1)

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The HRA 1998, s 8(1) provides that, where a court or tribunal finds that an act of a public authority is unlawful, contrary to the HRA 1998, s 6(1), it may grant such remedy as it considers 'just and appropriate'.
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The HRA 1998, s 8(1) provides that, where a court or tribunal finds that an act of a public authority is unlawful, contrary to the HRA 1998, s 6(1), it may grant such remedy as it considers 'just and appropriate'. The power to award a remedy is, however, limited in a number of respects (see the HRA 1998, s 8(1)– (4)). In practice, the nature of the remedy will vary greatly according to the contex

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Flashcard 1361931799820

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Question
The HRA 1998, s [...] provides that a public authority will not have acted unlawfully if 'as a result of one or more provisions of primary legislation, the authority could not have acted differently'.
Answer
6(2)(a)

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The HRA 1998, s 6(2)(a) provides that a public authority will not have acted unlawfully if 'as a result of one or more provisions of primary legislation, the authority could not have acted differently'.

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Flashcard 1361933372684

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Question
The [statute] provides that a public authority will not have acted unlawfully if 'as a result of one or more provisions of primary legislation, the authority could not have acted differently'.
Answer
HRA 1998, s 6(2)(a)

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The HRA 1998, s 6(2)(a) provides that a public authority will not have acted unlawfully if 'as a result of one or more provisions of primary legislation, the authority could not have acted differently'.

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Flashcard 1361935731980

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Question
The HRA 1998, s 6(2)(a) provides that a public authority will not have acted unlawfully if [...].
Answer
'as a result of one or more provisions of primary legislation, the authority could not have acted differently'

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The HRA 1998, s 6(2)(a) provides that a public authority will not have acted unlawfully if 'as a result of one or more provisions of primary legislation, the authority could not have acted differently'.

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Flashcard 1361939139852

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Question
The 'victim' test is narrower than the 'sufficient interest' test in judicial review proceedings (see Chapter 13). It will exclude applications from pressure groups or other interest groups unless [...]. Pressure groups and interest groups may, however, be heard in proceedings in the capacity of intervenors.
Answer
their own rights, as organisations, are directly affected

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The 'victim' test is narrower than the 'sufficient interest' test in judicial review proceedings (see Chapter 13). It will exclude applications from pressure groups or other interest groups unless their own rights, as organisations, are directly affected. Pressure groups and interest groups may, however, be heard in proceedings in the capacity of intervenors.

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Flashcard 1361940974860

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Question
The HRA 1998, s [...] provides that the term 'victim' has the same meaning as that under the ECHR, art 34.
Answer
7(7)

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The HRA 1998, s 7(7) provides that the term 'victim' has the same meaning as that under the ECHR, art 34.

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Flashcard 1361942547724

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Question
The [statute] provides that the term 'victim' has the same meaning as that under the ECHR, art 34.
Answer
HRA 1998, s 7(7)

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The HRA 1998, s 7(7) provides that the term 'victim' has the same meaning as that under the ECHR, art 34.

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Flashcard 1361945431308

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Question
The HRA 1998, s 7(7) provides that the term 'victim' has the same meaning as that under the ECHR, art [...].
Answer
34

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The HRA 1998, s 7(7) provides that the term 'victim' has the same meaning as that under the ECHR, art 34.

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Flashcard 1361947004172

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Question
The HRA 1998, s 7(7) provides that the term 'victim' has the same meaning as that under the [statute].
Answer
ECHR, art 34

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The HRA 1998, s 7(7) provides that the term 'victim' has the same meaning as that under the ECHR, art 34.

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Flashcard 1361949363468

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Question
The HRA 1998, s 7(7) provides that [...] as that under the ECHR, art 34.
Answer
the term 'victim' has the same meaning

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The HRA 1998, s 7(7) provides that the term 'victim' has the same meaning as that under the ECHR, art 34.

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Flashcard 1361951460620

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Question
The HRA 1998, s [...] grants those who are, or would be, a 'victim' of an unlawful act of a public authority the right to:
(a) bring legal proceedings against the authority (a 'sword'); or
(b) rely on ECHR rights in any legal proceedings brought against them (a 'shield').
Answer
7(1)

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The HRA 1998, s 7(1) grants those who are, or would be, a 'victim' of an unlawful act of a public authority the right to: (a) bring legal proceedings against the authority (a 'sword'); or (b) rely

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Flashcard 1361953033484

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Question
The [statute] grants those who are, or would be, a 'victim' of an unlawful act of a public authority the right to:
(a) bring legal proceedings against the authority (a 'sword'); or
(b) rely on ECHR rights in any legal proceedings brought against them (a 'shield').
Answer
HRA 1998, s 7(1)

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The HRA 1998, s 7(1) grants those who are, or would be, a 'victim' of an unlawful act of a public authority the right to: (a) bring legal proceedings against the authority (a 'sword'); or (b) rely

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#hra #law #public
The final category recognised by the HRA 1998 are private bodies with no public functions at all (HRA 1998, s 6(5))
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The final category recognised by the HRA 1998 are private bodies with no public functions at all (HRA 1998, s 6(5)). Although private individuals do not owe obligations under the ECHR, their conduct may be regulated in a Convention compatible way under the indirect horizontal effect of the HRA 1998

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Flashcard 1361957227788

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Question
The final category recognised by the HRA 1998 are private bodies with [...] (HRA 1998, s 6(5))
Answer
no public functions at all

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The final category recognised by the HRA 1998 are private bodies with no public functions at all (HRA 1998, s 6(5))

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Flashcard 1361958800652

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Question
The final category recognised by the HRA 1998 are private bodies with no public functions at all (HRA 1998, s [...])
Answer
6(5)

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The final category recognised by the HRA 1998 are private bodies with no public functions at all (HRA 1998, s 6(5))

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Flashcard 1361960373516

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Question
The final category recognised by the HRA 1998 are private bodies with no public functions at all ([...])
Answer
HRA 1998, s 6(5)

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The final category recognised by the HRA 1998 are private bodies with no public functions at all (HRA 1998, s 6(5))

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Although private individuals do not owe obligations under the ECHR, their conduct may be regulated in a Convention compatible way under the indirect horizontal effect of the HRA 1998.
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The final category recognised by the HRA 1998 are private bodies with no public functions at all (HRA 1998, s 6(5)). Although private individuals do not owe obligations under the ECHR, their conduct may be regulated in a Convention compatible way under the indirect horizontal effect of the HRA 1998.

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Actions under the HRA 1998 must be commenced within one year of the date of the act complained of: HRA 1998, s 7(5).
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Actions under the HRA 1998 must be commenced within one year of the date of the act complained of: HRA 1998, s 7(5). An extension of time may be granted in exceptional cases where the court considers it 'equitable' to do so in all the circumstances.

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Flashcard 1361966927116

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Question
Actions under the HRA 1998 must be commenced [...] of the date of the act complained of: HRA 1998, s 7(5).
Answer
within one year

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Actions under the HRA 1998 must be commenced within one year of the date of the act complained of: HRA 1998, s 7(5).

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Flashcard 1361968499980

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Question
Actions under the HRA 1998 must be commenced within one year of the [...]: HRA 1998, s 7(5).
Answer
date of the act complained of

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Actions under the HRA 1998 must be commenced within one year of the date of the act complained of: HRA 1998, s 7(5).

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Flashcard 1361970597132

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Question
Actions under the HRA 1998 must be commenced within one year of the date of the act complained of: HRA 1998, s [...].
Answer
7(5)

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Actions under the HRA 1998 must be commenced within one year of the date of the act complained of: HRA 1998, s 7(5).

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Flashcard 1361972169996

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Question
Actions under the HRA 1998 must be commenced within one year of the date of the act complained of: [statute].
Answer
HRA 1998, s 7(5)

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Actions under the HRA 1998 must be commenced within one year of the date of the act complained of: HRA 1998, s 7(5).

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Flashcard 1361975053580

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Question
The HRA 1998, s [...] deals with the provision of remedies.
Answer
8

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The HRA 1998, s 8 deals with the provision of remedies.

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Flashcard 1361976626444

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Question
The [statute] deals with the provision of remedies.
Answer
HRA 1998, s 8

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The HRA 1998, s 8 deals with the provision of remedies.

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Flashcard 1361978985740

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Question
The HRA 1998, s 8 deals with [...].
Answer
the provision of remedies

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The HRA 1998, s 8 deals with the provision of remedies.

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Flashcard 1361980820748

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Question
The Health and Social Care Act 2008, s [...] specifically provides that a care home provider is to be taken (for the purposes of the Human Rights Act 1998, s 6(3)(b)) to be exercising a function of a public nature when providing accommodation together with nursing or personal care. This provision does not apply, however, to acts carried out before the Act came into force in July 2008.
Answer
145

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The Health and Social Care Act 2008, s 145 specifically provides that a care home provider is to be taken (for the purposes of the Human Rights Act 1998, s 6(3)(b)) to be exercising a function of a public nature when providing ac

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Flashcard 1361982393612

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Question
The [statute] 2008, s 145 specifically provides that a care home provider is to be taken (for the purposes of the Human Rights Act 1998, s 6(3)(b)) to be exercising a function of a public nature when providing accommodation together with nursing or personal care. This provision does not apply, however, to acts carried out before the Act came into force in July 2008.
Answer
Health and Social Care Act

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The Health and Social Care Act 2008, s 145 specifically provides that a care home provider is to be taken (for the purposes of the Human Rights Act 1998, s 6(3)(b)) to be exercising a function of a public nature when

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The Health and Social Care Act [...], s 145 specifically provides that a care home provider is to be taken (for the purposes of the Human Rights Act 1998, s 6(3)(b)) to be exercising a function of a public nature when providing accommodation together with nursing or personal care. This provision does not apply, however, to acts carried out before the Act came into force in July 2008.
Answer
2008

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The Health and Social Care Act 2008, s 145 specifically provides that a care home provider is to be taken (for the purposes of the Human Rights Act 1998, s 6(3)(b)) to be exercising a function of a public nature when prov

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Question
The [statute], s 145 specifically provides that a care home provider is to be taken (for the purposes of the Human Rights Act 1998, s 6(3)(b)) to be exercising a function of a public nature when providing accommodation together with nursing or personal care. This provision does not apply, however, to acts carried out before the Act came into force in July 2008.
Answer
Health and Social Care Act 2008

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The Health and Social Care Act 2008, s 145 specifically provides that a care home provider is to be taken (for the purposes of the Human Rights Act 1998, s 6(3)(b)) to be exercising a function of a public nature when prov

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The [statute] specifically provides that a care home provider is to be taken (for the purposes of the Human Rights Act 1998, s 6(3)(b)) to be exercising a function of a public nature when providing accommodation together with nursing or personal care. This provision does not apply, however, to acts carried out before the Act came into force in July 2008.
Answer
Health and Social Care Act 2008, s 145

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The Health and Social Care Act 2008, s 145 specifically provides that a care home provider is to be taken (for the purposes of the Human Rights Act 1998, s 6(3)(b)) to be exercising a function of a public nature when providing ac

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The Health and Social Care Act 2008, s 145 specifically provides that a care home provider is to be taken (for the purposes of the Human Rights Act 1998, s 6(3)(b)) to be exercising a function of a public nature when [...]. This provision does not apply, however, to acts carried out before the Act came into force in July 2008.
Answer
providing accommodation together with nursing or personal care

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><head>The Health and Social Care Act 2008, s 145 specifically provides that a care home provider is to be taken (for the purposes of the Human Rights Act 1998, s 6(3)(b)) to be exercising a function of a public nature when providing accommodation together with nursing or personal care. This provision does not apply, however, to acts carried out before the Act came into force in July 2008.<html>

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Question
The Health and Social Care Act 2008, s 145 specifically provides that a care home provider is to be taken (for the purposes of the Human Rights Act 1998, s 6(3)(b)) to be exercising a function of a public nature when providing accommodation together with nursing or personal care. This provision does not apply, however, to acts carried out before the Act came into force in [...].
Answer
July 2008

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uman Rights Act 1998, s 6(3)(b)) to be exercising a function of a public nature when providing accommodation together with nursing or personal care. This provision does not apply, however, to acts carried out before the Act came into force in <span>July 2008.<span><body><html>

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The HRA 1998, s 6(3)(b) provides that the term 'public authority' includes ‘any person certain of whose functions are functions of a public nature’.
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The HRA 1998, s 6(3)(b) provides that the term 'public authority' includes ‘any person certain of whose functions are functions of a public nature’. These are distinguished from those acts performed by such bodies that are of a 'private nature': HRA 1998, s 6(5).

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Question
The HRA 1998, s 6(3)(b) provides that the term 'public authority' includes ‘any person certain of whose functions are functions of a public nature’. These are distinguished from those acts performed by such bodies that are of a 'private nature': HRA 1998, s [...].
Answer
6(5)

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3)(b) provides that the term 'public authority' includes ‘any person certain of whose functions are functions of a public nature’. These are distinguished from those acts performed by such bodies that are of a 'private nature': HRA 1998, s <span>6(5).<span><body><html>

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The HRA 1998, s 6(3)(b) provides that the term 'public authority' includes ‘any person certain of whose functions are functions of a public nature’. These are distinguished from those acts performed by such bodies that are of a 'private nature': [statute].
Answer
HRA 1998, s 6(5)

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RA 1998, s 6(3)(b) provides that the term 'public authority' includes ‘any person certain of whose functions are functions of a public nature’. These are distinguished from those acts performed by such bodies that are of a 'private nature': <span>HRA 1998, s 6(5).<span><body><html>

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Question
The HRA 1998, s [...] provides that the term 'public authority' includes ‘any person certain of whose functions are functions of a public nature’.
Answer
6(3)(b)

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The HRA 1998, s 6(3)(b) provides that the term 'public authority' includes ‘any person certain of whose functions are functions of a public nature’.

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Question
The [statute] provides that the term 'public authority' includes ‘any person certain of whose functions are functions of a public nature’.
Answer
HRA 1998, s 6(3)(b)

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The HRA 1998, s 6(3)(b) provides that the term 'public authority' includes ‘any person certain of whose functions are functions of a public nature’.

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Question
The HRA 1998, s 6(3)(b) provides that the term 'public authority' includes [...].
Answer
‘any person certain of whose functions are functions of a public nature’

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The HRA 1998, s 6(3)(b) provides that the term 'public authority' includes ‘any person certain of whose functions are functions of a public nature’.

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The HRA 1998, s 6(2)(a) provides that a public authority will not have acted unlawfully if 'as a result of one or more provisions of primary legislation, the authority could not have acted differently'.
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The HRA 1998, s 6(2)(a) provides that a public authority will not have acted unlawfully if 'as a result of one or more provisions of primary legislation, the authority could not have acted differently'. The reasoning behind this is influenced by the idea of parliamentary sovereignty; if a court has accepted that the legislation cannot be 'interpreted' in a Convention-compliant way, th

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Question
The HRA 1998, s [...] provides that a public authority will not have acted unlawfully if 'as a result of one or more provisions of primary legislation, the authority could not have acted differently'.
Answer
6(2)(a)

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The HRA 1998, s 6(2)(a) provides that a public authority will not have acted unlawfully if 'as a result of one or more provisions of primary legislation, the authority could not have acted differently'.<

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Question
The [statute] provides that a public authority will not have acted unlawfully if 'as a result of one or more provisions of primary legislation, the authority could not have acted differently'.
Answer
HRA 1998, s 6(2)(a)

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The HRA 1998, s 6(2)(a) provides that a public authority will not have acted unlawfully if 'as a result of one or more provisions of primary legislation, the authority could not have acted differently'.<

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Flashcard 1362013588748

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Question
The HRA 1998, s 6(2)(a) provides that a public authority will not have acted unlawfully if 'as a result of one or more provisions of primary legislation, [...]'.
Answer
the authority could not have acted differently

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The HRA 1998, s 6(2)(a) provides that a public authority will not have acted unlawfully if 'as a result of one or more provisions of primary legislation, the authority could not have acted differently'.

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Question
The HRA 1998, s 6(2)(a) provides that a public authority will not have acted unlawfully if [...].
Answer
'as a result of one or more provisions of primary legislation, the authority could not have acted differently'

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The HRA 1998, s 6(2)(a) provides that a public authority will not have acted unlawfully if 'as a result of one or more provisions of primary legislation, the authority could not have acted differently'.

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It is interesting to note, though, that the legislative competence of the Scottish Parliament is limited by the ECHR. The Scotland Act 1998, s 29(2)(d) provides that an Act of the Scottish Parliament is not law if it is incompatible with any of the Convention rights.
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It is interesting to note, though, that the legislative competence of the Scottish Parliament is limited by the ECHR. The Scotland Act 1998, s 29(2)(d) provides that an Act of the Scottish Parliament is not law if it is incompatible with any of the Convention rights. For an (unsuccessful) challenge to an Act of the Scottish Parliament under the Scotland Act 1998, s 29(2)(d) see AXA General Insurance Ltd v Lord Advocate [2011] UKSC 46. See also ANS

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It is interesting to note, though, that the legislative competence of the Scottish Parliament is limited by the ECHR. The Scotland Act 1998, s [...] provides that an Act of the Scottish Parliament is not law if it is incompatible with any of the Convention rights.
Answer
29(2)(d)

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It is interesting to note, though, that the legislative competence of the Scottish Parliament is limited by the ECHR. The Scotland Act 1998, s 29(2)(d) provides that an Act of the Scottish Parliament is not law if it is incompatible with any of the Convention rights.

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It is interesting to note, though, that the legislative competence of the Scottish Parliament is limited by the ECHR. The Scotland Act [...], s 29(2)(d) provides that an Act of the Scottish Parliament is not law if it is incompatible with any of the Convention rights.
Answer
1998

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It is interesting to note, though, that the legislative competence of the Scottish Parliament is limited by the ECHR. The Scotland Act 1998, s 29(2)(d) provides that an Act of the Scottish Parliament is not law if it is incompatible with any of the Convention rights.

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It is interesting to note, though, that the legislative competence of the Scottish Parliament is limited by the ECHR. The [statute] 1998, s 29(2)(d) provides that an Act of the Scottish Parliament is not law if it is incompatible with any of the Convention rights.
Answer
Scotland Act

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It is interesting to note, though, that the legislative competence of the Scottish Parliament is limited by the ECHR. The Scotland Act 1998, s 29(2)(d) provides that an Act of the Scottish Parliament is not law if it is incompatible with any of the Convention rights.

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It is interesting to note, though, that the legislative competence of the Scottish Parliament is limited by the ECHR. The [statute] provides that an Act of the Scottish Parliament is not law if it is incompatible with any of the Convention rights.
Answer
Scotland Act 1998, s 29(2)(d)

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It is interesting to note, though, that the legislative competence of the Scottish Parliament is limited by the ECHR. The Scotland Act 1998, s 29(2)(d) provides that an Act of the Scottish Parliament is not law if it is incompatible with any of the Convention rights.

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It is interesting to note, though, that the legislative competence of the Scottish Parliament is limited by the ECHR. The Scotland Act 1998, s 29(2)(d) provides that an Act of the Scottish Parliament is not law if [...].
Answer
it is incompatible with any of the Convention rights

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ead><head>It is interesting to note, though, that the legislative competence of the Scottish Parliament is limited by the ECHR. The Scotland Act 1998, s 29(2)(d) provides that an Act of the Scottish Parliament is not law if it is incompatible with any of the Convention rights.<html>

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Question
The HRA 1998, s 6 effectively recognises three types of bodies:
1. 'core' public authorities (HRA 1998, s 6(1));
2. 'functional/hybrid' public authorities (HRA 1998, s[...]);
3. private bodies (HRA 1998, s 6(5)).
Answer
6(3)(b)

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The HRA 1998, s 6 effectively recognises three types of bodies: 1. 'core' public authorities (HRA 1998, s 6(1)); 2. 'functional/hybrid' public authorities (HRA 1998, s6(3)(b)); 3. private bodies (HRA 1998, s 6(5)).

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Question
The HRA 1998, s 6 effectively recognises three types of bodies:
1. 'core' public authorities (HRA 1998, s 6(1));
2. 'functional/hybrid' public authorities ([statute]);
3. private bodies (HRA 1998, s 6(5)).
Answer
HRA 1998, s6(3)(b)

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The HRA 1998, s 6 effectively recognises three types of bodies: 1. 'core' public authorities (HRA 1998, s 6(1)); 2. 'functional/hybrid' public authorities (HRA 1998, s6(3)(b)); 3. private bodies (HRA 1998, s 6(5)).

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In the leading case of Aston Cantlow and Wilmcote with Billesley Parochial Church Council v Wallbank, [2003] UKHL 37 the House of Lords gave some guidance on what constituted the scope of a core public authority. Lord Nicholls (para 7) suggested that the phrase 'public authority' in the HRA 1998, s 1 is 'essentially a reference to a body whose nature is governmental in a broad sense'.
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In the leading case of Aston Cantlow and Wilmcote with Billesley Parochial Church Council v Wallbank, [2003] UKHL 37 the House of Lords gave some guidance on what constituted the scope of a core public authority. Lord Nicholls (para 7) suggested that the phrase 'public authority' in the HRA 1998, s 1 is 'essentially a reference to a body whose nature is governmental in a broad sense'. His Lordship further suggested that the following factors could be considered relevant in determining whether a body is a 'core' public authority: (a) the possession of specia

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Question
In the leading case of Aston Cantlow and Wilmcote with Billesley Parochial Church Council v Wallbank, [2003] UKHL 37 the House of Lords gave some guidance on what constituted the scope of a core public authority. Lord Nicholls (para 7) suggested that the phrase 'public authority' in the HRA 1998, s 1 is 'essentially a reference to a body [...]'.
Answer
whose nature is governmental in a broad sense

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