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1. Why does the HRA mean that the police must act compatibly with Convention rights?
Because the police are a “public authority” under section 6 HRA and because many of their powers are contained in statute (such as PACE 1984) which must be interpreted so far as it is possible so that they can only authorise the police to take actions which are consistent with Convention rights.
2. Does stop and search always engage Convention rights or only sometimes—what Convention rights are involved?
The issue is not fully settled – it depends on the circumstances. It is unlikely that Article 5 is involved unless the stop involves a significant period of detention. If so it may be brought under Article 5(1)(b). More serious stops are also likely to engage Article 8(1) – see Gillan v UK.
3. What are the main Convention rights that apply to the power of arrest?
Article 5. The arrest must be compatible with Article 5(1)(c) and done of the basis of law. The use of force to effect an arrest must not be incompatible with Article 3 or with Article 2(2).
4. In respect of Convention rights, how does a court in the UK approach an application by the police for access to journalistic material held by a media organisation?
Such material cannot be disclosed through an ordinary warrant. PACE 1984 has special provisions which, in particular, require the police to obtain a disclosure order from the High Court on the basis of a hearing. The terms of PACE give adequate space for a judgment based upon compatibility with Article 10.