Author: Keir Starmer, Michelle Strange, Quincy Whitaker, Anthony Jennings and Tim Owen QC
ISBN No: 1 84174 138 8
Review date: 25/07/2026
No of pages: 384
Publisher:
Year of publication:
Brief:
Criminal Justice, Police Powers & Human Rights (2001), by Keir Starmer, Michelle Strange, Quincy Whitaker, Anthony Jennings and Tim Owen QC.
This most interesting publication examines the European Convention on Human Rights and overviews the Human Rights Act, Surveillance under the Police Act 1997, Regulation of Investigatory Powers Act 2000 (RIPA) and its basic principle that communications may not be intercepted without consent. RIPA establishes a new legal framework to govern the interception of communications. Together these issues are of much importance to many readers. The authors refer to the ‘obligation to take ‘Strasbourg case law into account’ and the Lord Chancellor making it clear that the criminal courts in England and Wales have to do so. Chapter three introduces ‘Articles of Specific Application in Criminal Proceedings’ and discusses that no person should be subjected to torture or to inhuman or degrading treatment or punishment and any such violation is a serious matter. (Article three, European Convention on Human Rights) It was most useful to be able to refer to the Human Rights Act in the appendix. Article five is concerned with the right to liberty and security of a person. The author refers to arrest and detention of a person, both adult and minors and those all-important words ‘reasonable suspicion’ and the reasons for arrest to be given in simple terms. I was relieved to read that the author argues that swift stop and searches do not raise an issue with Article five. The author gives an example where quick roadside stop and search are carried out may be sufficiently speedy not to raise an issue with the article; however I believe it will not be long before some person, although stopped only for a short time will complain under the article. We will then have a judgement. The authors examine article eight – that everyone has the right to respect for his private and family life and correspondence. A short chapter deals with the ‘Convention Rights as Substantive Issues in Criminal Proceedings’, before a discussion on the use of visual surveillance equipment and the interference with the right to privacy. It is argued that surveillance should be restricted to that which is strictly necessary for the prevention and detection of serious crime and may not be legitimate for less serious crime. ( I thought all crime was serious!) There is without doubt to be considerable changes in police procedures in use of surveillance, applying also to the private policing sector. Next the author and the interpretation of communications. Discussed are employers intercepting telephone conversations with a third party in which case the third party or employee may sue the employer. The authors then discuss ‘lawful authority’ to intercept and gives examples of consent and the authorisation by the Home Secretary. Chapter seven deals with ‘surveillance and covert human intelligence sources’ under RIPA. The use of undercover officers and informants and their conduct and necessary authorisation is examined. Also the grounds that intrusive surveillance may be authorised and its limitations. The authors explain the use of technical equipment such as surveillance equipment, covert tapes and cameras. This practical publication gives a clear insight into the Human Rights Act offering a clear comprehensive analysis of the impact of this legislation for public and private police and investigators.
