Chapter 19 Guidance on answering the exam questions

Selecting relevant examples of statute and case law, discuss how effectively UK law safeguards against arbitrary application of police powers.

  • What are the issues with arbitrary application of police powers? Think of rule of law implications.
  • Explain the importance of PACE and how it operates with Codes of Practice.
  • Give examples of relevant provisions showing limits on police powers.
  • Explain how the Human Rights Act also contributes to restricting police powers. Use case law to illustrate this, showing how the courts apply it, and their proportionality reasoning. Consider, for example, Gillan and Quinton v UK.
  • By contrast, discuss cases where police powers were considered to be proportionate e.g. Roberts, Beghal and Catt and compare them with the ECtHR’s decisions in Catt v UK and Beghal v UK). What restrictions do the courts take into account? 
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