Human Rights and English Law (AQA A-Level Law): Flashcards
📚Flashcards
Practise the cards
10 cards from this deck
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Practise the cards
10 cards from this deck
Art. 2 ECHR
Art. 2 ECHR
Guarantees protection of right to life
Human Rights Act 1998 & Art. 2
Human Rights Act 1998 & Art. 2
Incorporated Art. 2 into UK law, enforceable in British courts
Two types of Art. 2 obligations
Two types of Art. 2 obligations
Negative (refrain from taking life) & positive (protect life)
Mens rea
Mens rea
Guilty mind - mental element of a crime
Three elements of negligence
Three elements of negligence
Duty of care, breach of duty, causation
Burden of proof in negligence claims
Burden of proof in negligence claims
Balance of probabilities (not beyond reasonable doubt)
IPCC role
IPCC role
Investigates deaths in police custody or involving police contact
Five requirements for Art. 2 investigations
Five requirements for Art. 2 investigations
Independent, effective, public scrutiny, prompt, family access
Self-defence as homicide defence
Self-defence as homicide defence
Reasonable force to protect self/another from imminent harm
Police use of force requirements
Police use of force requirements
Must be proportionate and absolutely necessary