Public Law 2012-2013
Book Information
Public Law and Human Rights Statutes 2012-2013
4th Edition
Author: Philip Jones
Publication date: 15th August 2012
Purchasing Options:
How to use this Book
A Statute Book can be of great assistance during your studies, and of invaluable help during your exams (if you are allowed to take it into the examination room). But there is also the danger of thinking that nothing can go wrong because you have the relevant documents in front of you. If you do not know how to use it, then just having the statute book will not help you very much. Here are a few things you have to consider — and guidance on how to deal with them.
- Not every instrument in your statute book has the same rank and position in the legal system. In Public Law in particular, it is very important to be aware of the various sources of the law and their differences. Revisit your lecture notes and your textbook on these points, if you are in doubt! Are international treaties immediately applicable? Where do Statutory Instruments feature in the hierarchy of norms? What about the Codes to the Police and Criminal Evidence Act?
- Not everything is regulated by statute law! That may seem obvious, but in areas which are well regulated through Acts of Parliament (e.g. police powers), it is easy to forget that common law powers exist as well. In other words, don't just rely on the words of the statute — make sure you understand the structure of the law, which your textbook on Public Law and your lecture notes should provide.
- There is usually more in a Statute than meets the eye. Many students focus on one particular section of a Statute at the expense of other relevant provisions, and lose valuable marks in the process.
Here is a tip: when you are looking up a section in your exam, make it a habit to read the five preceding and the five subsequent sections, too. Statutes are often arranged in a systematic manner, so the adjoining sections may contain useful information on the same subject.
Many Statutes also have an interpretation section: it explains how certain terms are understood by Parliament. You often find those at the very end or the very beginning of the Statute (or of the relevant chapter).
- Often enough, a problem cannot be solved by looking at just one Statute. Imagine a situation in which a police constable dissolves a peaceful public assembly. Depending on the way the question is phrased, you may have to consider Human Rights violations as well as police powers; you may have to check the Public Order Act 1986, the European Convention on Human Rights of 1950, and the Human Rights Act 1998. Confining yourself to just one of those might mean that you do not get enough credit to pass this question.
- Does your examiner understand what you are getting at? You may have found the right provision, but unless you direct your examiners to the exact location in the Act, they will not be able to follow you. Say, PC Fox is arresting Tom Squirrel, who is about to make off with a stolen mobile phone, and you are asked about the legal reasons for the arrest. A reference to s 24 of PACE (arrest without warrant) is simply not enough! The full reference to s 24(5)(c)(iii) of PACE has to feature in your answer — every sub-section, letter and Roman numeral. And you have to state which alternative of this provision is applicable (s 24(5)(c)(iii) of PACE mentions two: causing loss of property and causing damage to property)!
That sounds like a fair bit of work, but it is a matter of practice — after a while, you will get used to it. And it has its advantages. At a time when statute law occupies an ever increasing space in our legal system, those who know how to deal with it have an immediate advantage over their peers to whom this is still a strange and mysterious science.
Quizzes
Sources of the Constitution
Constitutional Principles
Devolution, Local Government
Parliament, Elections
The EU and the UK
Police Powers
State Security
Human Rights
The Judiciary, Judicial Review
Interpreting Statutes
Scenario 1
On 14 March 2011, National Health Sciences, a medical research company which regularly engages in experiments on animals, is given permission by Wolchester City Council to build a research facility on property that lies within the boundaries of Wolchester. By the end of March, several newspapers have reported that National Health Sciences intends to carry out animal experiments on a large scale in that facility.
Harriet reads about this in her local newspaper and is outraged. On 7 April 2011, she decides to start an application for judicial review of Wolchester City Council's decision of 14 March 2011. Harriet does not live in Wolchester or anywhere near the facility. She has no specific experience in the fields of medical research or animal experiments. Advise Harriet on the admissibility of her application.
Scenario 2
On 2 May 2011, the (fictitious) ‘Reputation (Protection) Act’ enters into force. Section 9 of that Act provides that it is an offence to publish printed material which is critical of the policies of the government of the United Kingdom, and that any such material can be confiscated by the police. The preamble to the Act makes clear that this statute was adopted for the “protection of morals” in the United Kingdom.
Rasheed, the owner of a publishing house, is concerned about this Act. He believes that it violates rights which are guaranteed under European Human Rights law. Advise Rasheed.
Scenario 3
In the evening of 7 May 2011, Police Constable Shakespeare walks down Stratford Road, where he spots one Jeff Chaucer in front of the window of Dickens & Co, a jeweller's shop. Mr Chaucer has not yet seen Shakespeare. Chaucer holds a brick in his hand and looks behind him furtively. He then lifts the brick in the air so that PC Shakespeare has the impression he is about to smash the window with it. Shakespeare decides to intervene. He calls on Mr Chaucer to stop and arrests him. Chaucer believes that Shakespeare has no right to arrest him without a warrant. Advise Chaucer.
Scenario 4
Lisa, Mary and Anne are passionate fans of FC Wanderville, their local football club. On 2 February 2011, FC Wanderville wins a decisive match against their arch rival Steadily United, and Lisa, Mary and Anne celebrate the victory in the Wanderville Arms, a pub in the middle of the town of Wanderville. When they leave the pub at 7pm, they are considerably under the influence of drink. They walk through the town centre, singing loudly and inviting strangers they meet to sing along with them.
PC Orderly feels that the three are guilty of violent disorder. Advise PC Orderly.
Scenario 5
Honeyside County Council is a principal council. Bill Cartier is a photo journalist who works for the ‘Honeyside Inquirer’. On 11 May 2011, Cartier turns up at the meeting of the council with his camera equipment. Cartier is allowed to attend the meeting but, when he tries to take pictures during the meeting, he is told to refrain from doing so. Cartier is outraged; he feels that transparency is an important part of democracy and that Honeyside County Council have no right to stop him from taking pictures. Advise Cartier.
Scenario 6
Wilma works for the non-governmental organisation ‘Rights Without Borders’. In April 2011, Wilma learns that the government is currently considering proposals which would make the use of ‘enhanced interrogation techniques’, including waterboarding, lawful in the United Kingdom. Wilma has been able to obtain the copy of a memorandum by a legal adviser to the government which states that “because of the ongoing danger of terrorist attacks which threatens our country, the government may have no choice but to adopt these methods”.
Wilma wants to know if the use of such techniques would be compatible with the UK's obligations under the European Human Rights law.
Scenario 7
Wulfric is a member of the ‘The Geese’ — a gang which has become known for its violent activities in the past few years. Every member of the ‘Geese’ wears a bandanna with the picture of a goose on it. From December 2010 to February 2011, seven members of the ‘The Geese’ were arrested for illegal possession of knives. On 2 March 2011, a burglary occurs in ‘Athelstan's Kitchen Emporium’ in which several hundred dangerous kitchen knives are stolen.
On 3 March 2011, PC Osric spots Wulfric, who is wearing his ‘The Geese’ bandanna, on a public street. Osric says to Wulfric: “Ah, you're one of those Geese types. Lets see if you have any knives on you”, and proceeds to search Wulfric. Wulfric believes that his membership of the ‘The Geese’ can hardly amount to ‘reasonable grounds for suspicion’, which would justify the search. Advise Wulfric.
Scenario 8
Jackie is an undergraduate student studying for a Law degree at the University of Westborough. She is not clear about exactly what her fees are spent on and wishes to find out what the university spends upon what.
Advise Jackie
Scenario 9
Jim is employed by WindowGleam which has a government contract to clean windows of government buildings. Whilst cleaning an open window at a government installation near Cheltenham, the wind blows a piece of paper off a desk inside the building out through the window. Jim catches it and glances at it. It seems to Jim that what is written on it is someone's hand-written doodling. He screws it up and puts it in his pocket. When Jim gets home that night and empties his pockets as usual, he comes across the piece of paper. Before putting it in the bin he looks at what is written on it once more. He now finds that it sets out what looks like some sort of code detail with a heading ‘Saluko’. Thinking this to be a reference to the new conundrum game currently so popular across the world, Jim decide to try to make money from it. He decides to approach ‘The Daily Bugle’, a national newspaper with huge sales circulation that prints its own daily ‘Saluko’ puzzle (with answers the next day). He telephones them and the newspaper offers him £10,000. The next day, a contract is signed and the money and piece of paper are exchanged. The Daily Bugle then publishes a photograph of the writing on the piece of paper on its front page beneath the banner head-line “Illegal UK plot to kill terrorist chief Saluko” and alongside an article detailing the identity of MI6 agents working under-cover on the plot and the GCHQ code-breaking system used to track Saluko.
That evening Jim is arrested by the police on suspicion of “breach of the Official Secrets Acts”.
Advise Jim
Scenario 10
Ivitch is a dentist by day and an up-and-coming young stage actor by night. He is homosexual. He has hepatitis C. Somehow a national tabloid newspaper, The Daily News, has found out about his sexuality and illness and have published full details of both as well as his name, address, age, day job and current stage-work. The article appears under a photograph of him in a domestic setting dressed only in his underpants. The newspaper story claims that the illness resulted directly from his sex-life. Ivitch is furious, deeply upset and very worried about his day-job and acting career. Ivitch's instinct is that his human rights have been breached and he is determined to "make the 'paper pay" but does not know how to pursue a remedy.
Advise Ivitch
Useful Websites
http://www.parliament.uk
The official Westminster Parliament website giving comprehensive detail including the progress of Bills, amendments and debates in each House
http://www.direct.gov.uk/en/index.htm
The Government website which includes helpful explanatory information upon specific primary and secondary legislation
http://www.justice.gov.uk
http://www.homeoffice.gov.uk
The official websites of these two governments departments key to this field of law
http://www.legislation.gov.uk
A most thorough site for finding, cross-checking and tracking amendment and repeal of legislation.