Article 2 - Right to life
• Failure to provide suitable clothing, equipment and training, to Officers undertaking the duties outlined in the Bill may result in a subsequent loss of life. This may be deemed to breach this Article Particular attention is drawn to:
• Regulation and provision of equipment
• The additional powers given to Investigating,
Detention and Escort Officers
• The new powers given to Community
Support Officers and Accredited Persons
• The introduction of the power for Police Civilians to use reasonable force to detain a person may, on the circumstances of the case, be interpreted in such a way as to cause the death of an individual.
Article 3 - Prohibition of torture, inhuman or degrading treatment or punishment
• In line with the current use of stop and search procedures, the extended powers to stop and search persons and seize articles given to Police Civilians may be used in an inhuman or degrading way. This can be extended to the new powers for Police Civilians to undertake non-intimate searches of detained persons.
• The provision to allow access to detainees by Independent Custody Visitors must be governed by strict guidelines to ensure that those detainees do not feel degraded by being subject to independent scrutiny whilst in custody.
• The way in which Police Officers, Police Civilians or Medical staff exercise their extended right to take non-intimate samples or blood or urine specimens may be interpreted as being inhuman or degrading treatment by the individual from whom the samples or specimens are being taken.
Article 5 - Right to liberty and security
• Utilising the process of stop and search, or exercising the new powers of Police Civilians or Accredited Persons to stop an individual and require their name and address, seize property or issue an Fixed Penalty Notice may be deemed by the individual as a deprivation of their liberty. The provisions for the use of reasonable force to detain a person further extend this.
• The extension of the provisions of Section 16 Crime & Disorder Act 1998 (power to remove truants) to include BTP will involve a temporary deprivation of an individual whilst they are removed to the designated premises.
Article 6 - Right to a fair trial
• Failure to adhere to the procedures for recording, investigating and finalising complaints and disciplinary issues outlined in the Bill will affect the ability for an individual to receive a fair hearing.
• There is a need to ensure the integrity of handling, storing and preserving evidence to again ensure the individual receives a fair hearing. This links closely to the obligation surrounding disclosure.
Article 8 - Right to respect for private and family life
• There is a need to consider the duty of care and Health & Safety implications associated with the following aspects of the Bill:
• Regulation of suitable clothing, equipment
• The vicarious liability imposed upon Chief
Officers for the Accredited Persons as a
result of their establishing and maintaining
accreditation schemes and accrediting
individuals to implement the new powers
established within the Bill.
• The taking of blood or urine samples and undertaking non-intimate searches may be construed by an individual as an infringement of their right to privacy.
• The new provisions allowing Police Civilians and Accredited Persons to stop members of the public require their name and address and in certain circumstances confiscate property inherently interferes with the right to privacy.
• Similarly, the right to stop and search individuals and premises by Police Civilians will impinge upon the right to privacy and family life.
• The proposed intention to apply disciplinary procedures to an individual who has ceased to be a person serving with the police since the time of the conduct against which the allegation is made may impact upon this right.
• The possible introduction of conditions or requirements for the recruitment or promotion of police officers, etc. as outlined in section 60 of the Bill may impinge upon an individual's Article 8 generic rights.
Article 1, Protocol 1 Protection of Property
• Alongside current legislation, the extended provisions for Police Civilians and Accredited Persons to seize and retain or dispose of property in certain circumstances may be deemed by the individual to be an interference with the peaceful enjoyment of their possessions. Similarly, this may be the case where samples of blood or urine are taken.