Human Rights and English Law

What Human Rights and English Law covers

Where domestic law protects or restricts the freedoms the Convention guarantees.

The 4 subtopics

Each one has its own page.

• Public order offences and trespass to landRecall questions on how breach of the peace, riot, violent disorder, affray and illegal assemblies under the Public Order Act 1986 restrict Articles 10 and 11, and on trespass to land as a tort actionable per se.Open →
• Interception of communications and police powersRecall questions on surveillance and covert sources under RIPA 2000, the double-lock for interception warrants under the Investigatory Powers Act 2016, and stop and search, arrest, detention limits and detainees' rights under PACE 1984.Open →
• Defamation and obscenityRecall questions on when a statement is defamatory under the Defamation Act 2013, the defences of truth, honest opinion, public interest and privilege, and the test for obscenity under the Obscene Publications Act 1959, as restrictions on Article 10.Open →
• Breach of confidence and harassmentRecall questions on breach of confidence and the balance between Articles 8 and 10, and on the course of conduct, knowledge and civil and criminal remedies under the Protection from Harassment Act 1997.Open →

What you need to know

Answer each one before you reveal it.

Take Human Rights and English Law further

The same content, four other ways.

Commonly confused

Pairs that lose marks when they are blurred together.

• Declaration of incompatibility vs Section 3 interpretation

  Declaration of incompatibility: a court statement that a statute cannot be read compatibly with Convention rights. Section 3 interpretation: the duty to read legislation compatibly with those rights so far as possible.

• Public authority vs Private body

  Public authority: a body whose acts must comply with Convention rights under section 6. Private body: one not directly bound, though it may be if exercising public functions.

• Breach of the peace vs Public order offence

  Breach of the peace: a common law power to act where harm is done or feared. Public order offence: a statutory offence under the Public Order Act 1986.

Questions from this topic

Each one with the model answer underneath.

1. 1

   Which two ECHR rights are restricted by public order offences?

   Model answer

   Article 10 (freedom of expression) and Article 11 (freedom of assembly and association).

2. 2

   What is breach of the peace and what must police demonstrate to use this power?

   Model answer

   A common law power allowing police to take preventive action where there is a real and imminent risk of violence.

3. 3

   Which ECHR articles does breach of the peace restrict?

   Model answer

   Articles 10 and 11.

4. 4

   How many persons must be present together for the offence of riot under section 1 of the Public Order Act 1986?

   Model answer

   Twelve or more persons.

5. 5

   What conduct must the twelve or more persons engage in for riot to be established?

   Model answer

   Using or threatening unlawful violence for a common purpose, where the conduct would cause a person of reasonable firmness to fear for their safety.

6. 6

   How many persons must be present together for violent disorder under section 2 of the Public Order Act 1986?

   Model answer

   Three or more persons.

What is inside Levo

Six ways to work the same material.

Human Rights and English Law revision questions

What does Human Rights and English Law cover in OCR A-Level Law?

4 subtopics: public order offences and trespass to land, interception of communications and police powers, defamation and obscenity and breach of confidence and harassment. Each one has its own page with questions and model answers.

How is Human Rights and English Law organised?

By the OCR H418 specification, subtopic by subtopic, so it matches the order you are taught it in.