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Book Details
Abstract
This is the eighth edition of the successful civil liberties guide Your Rights.
Now expanded and extended in scope to include all new legislation that has come into force since the last edition was published in 2000, this book includes, a new introduction covering the Human Rights Act 1998 and the European Convention on Human Rights and a new chapter on the Rights of the Bereaved. In addition to, updated and expanded chapters on the rights of suspects, rights of defendants, rights of prisoners, rights of immigrants and the rights of families and children.
Written by leading lawyers and campaigners at Liberty, this is the ultimate reference handbook for specialists and general readers alike.
'A very useful general guide. It is the kind of book that everyone needs from time to time, whether it is to decide whether there are grounds for using the law or just to check up on something. It is well laid out and easy to use'
Labour Research
'Widely acknowledged as the most comprehensive and reliable guide to civil rights and liberties'
The Softback Preview
'Should be considered an essential purchase for anyone interested in human rights protection'
Susan Nash, New Law Journal
Table of Contents
| Section Title | Page | Action | Price |
|---|---|---|---|
| Contents | v | ||
| List of Contributors | xi | ||
| Foreword | xv | ||
| Introduction | xvii | ||
| 1 The Human Rights Act 1998: An Overview | 1 | ||
| 1.1 THE EUROPEAN CONVENTION ON HUMAN RIGHTS | 1 | ||
| 1.2 HOW DOES THE HUMAN RIGHTS ACT 1998 WORK? | 2 | ||
| 1.3 THE CONVENTION RIGHTS | 4 | ||
| 1.4 TAKING A CASE TO THE EUROPEAN COURT OF HUMAN RIGHTS | 15 | ||
| 2 How to Get Redress | 18 | ||
| 2.1 CIVIL ACTION AND JUDICIAL REVIEW | 18 | ||
| 2.2 CENTRAL GOVERNMENT | 20 | ||
| 2.3 LOCAL GOVERNMENT | 22 | ||
| 2.4 HEALTH SERVICES | 23 | ||
| 2.5 COMMUNITY CARE AND BENEFITS ENTITLEMENT | 26 | ||
| 2.6 THE POLICE | 27 | ||
| 2.7 COURTS AND LEGAL SERVICES | 31 | ||
| 2.8 FINANCIAL PROFESSIONS | 34 | ||
| 2.9 THE MEDIA | 35 | ||
| 2.10 PUBLIC UTILITIES | 36 | ||
| 2.11 COMPENSATION FOR THE VICTIMS OF CRIME | 38 | ||
| 2.12 MISCELLANEOUS COMPLAINTS | 39 | ||
| 3 The Right to Privacy | 40 | ||
| 3.1 ARTICLE 8 – THE RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE, HOME AND CORRESPONDENCE | 40 | ||
| 3.2 CONFIDENTIAL INFORMATION | 43 | ||
| 3.3 SPENT CONVICTIONS AND REHABILITATION OF OFFENDERS | 45 | ||
| 3.4 TELEPHONE TAPPING AND INTERCEPTION OF COMMUNICATIONS | 57 | ||
| 3.5 SURVEILLANCE AND UNDERCOVER HUMAN INTELLIGENCE SOURCES | 60 | ||
| 3.6 OTHER TYPES OF SURVEILLANCE | 63 | ||
| 3.7 INVESTIGATION OF ELECTRONIC DATA PROTECTED BY ENCRYPTION | 64 | ||
| 3.8 USE OF PHOTOGRAPHS, FINGERPRINTS, DNA SAMPLES AND OTHER SAMPLES TAKEN AT POLICE STATIONS | 65 | ||
| 3.9 HARASSMENT, UNWANTED LETTERS AND TELEPHONE CALLS | 66 | ||
| 3.10 POWER OF OFFICIALS TO ENTER YOUR HOME | 68 | ||
| 3.11 SEARCHES BY CUSTOMS AND EXCISE OFFICIALS | 74 | ||
| 3.12 GENDER IDENTITY AND SEXUALITY | 78 | ||
| 3.13 PRIVACY AND THE MEDIA | 79 | ||
| 3.14 FURTHER INFORMATION | 81 | ||
| 4 The Right to Know | 82 | ||
| 4.1 SUBJECT ACCESS UNDER THE DATA PROTECTION ACT | 82 | ||
| 4.2 DPA EXEMPTIONS | 85 | ||
| 4.3 HEALTH RECORDS | 87 | ||
| 4.4 SOCIAL WORK RECORDS | 89 | ||
| 4.5 EDUCATION RECORDS | 90 | ||
| 4.6 HOUSING RECORDS | 90 | ||
| 4.7 CREDIT REFERENCE AGENCY RECORDS | 91 | ||
| 4.8 OTHER DATA PROTECTION RIGHTS | 92 | ||
| 4.9 ENFORCING THE DPA | 92 | ||
| 4.10 GOVERNMENT AND PUBLIC SECTOR INFORMATION | 93 | ||
| 4.11 ENVIRONMENTAL INFORMATION | 95 | ||
| 4.12 FURTHER INFORMATION | 95 | ||
| 5 The Rights of Suspects | 96 | ||
| 5.1 OVERVIEW OF POLICE POWERS AND RIGHTS OF SUPSECTS | 96 | ||
| 5.2 POLICE POWERS TO STOP AND SEARCH PERSONS AND VEHICLES (WITHOUT ARREST) | 97 | ||
| 5.3 POLICE POWERS TO SEARCH PREMISES | 102 | ||
| 5.4 POLICE POWERS OF ARREST | 107 | ||
| 5.5 THE RIGHTS OF SUSPECTS IN THE POLICE STATION | 116 | ||
| 5.6 ANTI-TERRORISM POWERS | 124 | ||
| 5.7 FURTHER INFORMATION | 127 | ||
| 6 The Rights of Defendants | 128 | ||
| 6.1 PROSECUTION | 128 | ||
| 6.2 BAIL | 129 | ||
| 6.3 REPRESENTATION AND FUNDING | 130 | ||
| 6.4 VENUE | 131 | ||
| 6.5 TRIAL | 133 | ||
| 6.6 SENTENCE | 134 | ||
| 6.7 APPEALS | 135 | ||
| 6.8 THE CRIMINAL CASES REVIEW COMMISSION | 137 | ||
| 6.9 THE EUROPEAN CONVENTION ON HUMAN RIGHTS | 137 | ||
| 6.10 FURTHER INFORMATION | 138 | ||
| 7 The Rights of Prisoners | 139 | ||
| 7.1 THE BASIC RIGHTS OF PRISONERS | 139 | ||
| 7.2 RECEPTION | 140 | ||
| 7.3 COMPLAINTS AND REQUESTS TO THE PRISONS OMBUDSMAN | 140 | ||
| 7.4 LEGAL PROCEEDINGS IN COURT | 141 | ||
| 7.5 ACCESS TO LAWYERS | 142 | ||
| 7.6 VISITS, LETTERS AND TELEPHONES | 142 | ||
| 7.7 MARRIAGE AND FAMILY | 145 | ||
| 7.8 ACCESS TO PRISON RECORDS | 145 | ||
| 7.9 CLASSIFICATION, CATEGORISATION AND ALLOCATION | 146 | ||
| 7.10 DISCIPLINE, ADJUDICATION AND PUNISHMENT | 147 | ||
| 7.11 MEDICAL TREATMENT | 151 | ||
| 7.12 WORK, EXERCISE AND EDUCATION | 151 | ||
| 7.13 PAROLE | 153 | ||
| 7.14 TARIFF OR MINIMUM TERM | 156 | ||
| 7.15 FURTHER INFORMATION | 158 | ||
| 8 The Right of Peaceful Protest | 160 | ||
| 8.1 THE HISTORIC RIGHT OF PEACEFUL PROTEST | 160 | ||
| 8.2 WHERE TO FIND THE LAW | 162 | ||
| 8.3 MARCHES | 163 | ||
| 8.4 STATIC DEMONSTRATIONS, RALLIES AND ASSEMBLIES | 166 | ||
| 8.5 MEETINGS | 167 | ||
| 8.6 PICKETING | 168 | ||
| 8.7 USING THE HIGHWAY | 170 | ||
| 8.8 STREET COLLECTIONS, LEAFLETING, PETITIONS, POSTERS AND NEWSPAPERS | 170 | ||
| 8.9 BYE-LAWS | 171 | ||
| 8.10 OTHER POLICE POWERS TO RESTRICT PROTEST | 171 | ||
| 8.11 IN PRACTICE – ORGANISING A PROTEST ACTION | 173 | ||
| 8.12 DEALING WITH THE POLICE | 176 | ||
| 8.13 CHALLENGING POLICE DECISIONS | 177 | ||
| 8.14 SUPPORTING PEOPLE ARRESTED AT THE PROTEST | 179 | ||
| 8.15 PUBLIC ORDER OFFENCES | 182 | ||
| 8.16 SERIOUS OFFENCES OF VIOLENCE | 182 | ||
| 8.17 LESS SERIOUS OFFENCES | 184 | ||
| 8.18 FURTHER INFORMATION | 190 | ||
| 9 The Right of Free Expression | 191 | ||
| 9.1 THE EUROPEAN CONVENTION ON HUMAN RIGHTS | 191 | ||
| 9.2 DEFAMATION | 192 | ||
| 9.3 COPYRIGHT AND ALLIED PROPERTY RIGHTS | 200 | ||
| 9.4 CRIMINAL LAW RESTRICTIONS ON FREEDOM OF EXPRESSION | 203 | ||
| 9.5 CONTEMPT OF COURT | 209 | ||
| 9.6 CONTROLS ON BROADCASTING, FILMS, VIDEOS AND CABLE | 213 | ||
| 9.7 FURTHER INFORMATION | 217 | ||
| 10 The Right to Receive Equal Treatment | 219 | ||
| 10.1 UK LAW ON EQUALITY AND DISCRIMINATION | 219 | ||
| 10.2 RACE DISCRIMINATION | 220 | ||
| 10.3 RELIGIOUS DISCRIMINATION | 233 | ||
| 10.4 SEX DISCRIMINATION | 233 | ||
| 10.5 SEXUAL ORIENTATION AND TRANSGENDER DISCRIMINATION | 240 | ||
| 10.6 DISABILITY DISCRIMINATION | 255 | ||
| 10.7 FURTHER INFORMATION | 266 | ||
| 11 The Rights of Immigrants | 268 | ||
| 11.1 THE FRAMEWORK OF IMMIGRATION CONTROL | 268 | ||
| 11.2 PERSONS WHO ARE SUBJECT TO IMMIGRATION CONTROL | 269 | ||
| 11.3 EUROPEAN UNION NATIONALS AND EUROPEAN UNION ASSOCIATION AGREEMENTS | 270 | ||
| 11.4 PERSONS SUBJECT TO DOMESTIC IMMIGRATION CONTROL | 275 | ||
| 11.5 REFUGEES | 285 | ||
| 11.6 THE EUROPEAN CONVENTION ON HUMAN RIGHTS | 289 | ||
| 11.7 BRITISH NATIONALITY | 291 | ||
| 11.8 FUTURE DEVELOPMENTS | 292 | ||
| 11.9 FURTHER INFORMATION | 294 | ||
| 12 The Rights of People Detained Under The Mental Health Act 1983 | 296 | ||
| 12.1 THE DEFINITION OF ‘MENTAL DISORDER’ | 296 | ||
| 12.2 INFORMAL ADMISSION TO HOSPITAL | 297 | ||
| 12.3 COMPULSORY ADMISSION TO HOSPITAL | 298 | ||
| 12.4 THE NEAREST RELATIVE | 300 | ||
| 12.5 COMPULSORY TREATMENT | 301 | ||
| 12.6 DISCHARGE FROM HOSPITAL | 303 | ||
| 12.7 RIGHTS IN HOSPITAL | 305 | ||
| 12.8 POWERS IN THE COMMUNITY | 306 | ||
| 12.9 REVIEW OF THE MENTAL HEALTH ACT 1983 | 308 | ||
| 12.10 FURTHER INFORMATION | 309 | ||
| 13 The Rights of Children and Young People | 310 | ||
| 13.1 INTRODUCTION | 310 | ||
| 13.2 PARENTAL RESPONSIBILITY | 311 | ||
| 13.3 CHILDREN INVOLVED IN THE SEPARATION OR DIVORCE OF THEIR | 315 | ||
| 13.4 CHILDREN INVOLVED WITH SOCIAL SERVICES DEPARTMENTS | 317 | ||
| 13.5 ADOPTION | 322 | ||
| 13.6 YOUNG OFFENDERS | 323 | ||
| 13.7 CHILD WITNESSES | 326 | ||
| 13.8 EDUCATION | 326 | ||
| 13.9 MONEY, FINANCIAL SUPPORT AND BENEFITS | 329 | ||
| 13.10 CITIZENSHIP, NATIONALITY AND REFUGEES | 330 | ||
| 13.11 TRAVELLING AND LEAVING THE COUNTRY | 330 | ||
| 13.12 FURTHER INFORMATION | 331 | ||
| 14 The Rights of Workers | 332 | ||
| 14.1 CONTRACTS OF EMPLOYMENT | 332 | ||
| 14.2 PART TIME WORKING AND FIXED TERM CONTRACTS | 344 | ||
| 14.3 EQUAL PAY | 345 | ||
| 14.4 RIGHTS ARISING ON PREGNANCY | 346 | ||
| 14.5 PARENTAL LEAVE | 348 | ||
| 14.6 TIME OFF TO CARE FOR DEPENDANTS | 348 | ||
| 14.7 HEALTH, SAFETY, SICKNESS AND DISABILITY | 349 | ||
| 14.8 DRUG TAKING AND DRINKING | 351 | ||
| 14.9 CLAIMS | 352 | ||
| 14.10 DISMISSAL | 355 | ||
| 14.11 REDUNDANCY | 358 | ||
| 14.12 WHISTLEBLOWERS | 359 | ||
| 14.13 UNIONS | 361 | ||
| 14.14 INDUSTRIAL ACTION | 365 | ||
| 14.15 THE EUROPEAN CONVENTION ON HUMAN RIGHTS | 366 | ||
| 14.16 FURTHER INFORMATION | 372 | ||
| 15 The Rights of Gypsies and Travellers | 373 | ||
| 15.1 INTRODUCTION | 373 | ||
| 15.2 DEFINITIONS OF ‘GYPSY’ AND ‘TRAVELLER’ | 374 | ||
| 15.3 PLANNING PERMISSION FOR CARAVAN SITES | 374 | ||
| 15.4 EVICTION | 378 | ||
| 15.5 HOMELESSNESS | 382 | ||
| 15.6 RACISM AND DISCRIMINATION | 383 | ||
| 15.7 THE RIGHT TO HEALTHCARE | 385 | ||
| 15.8 THE RIGHT TO EDUCATION | 387 | ||
| 15.9 GYPSIES AND TRAVELLERS AND THE MEDIA | 391 | ||
| 15.10 FUTURE DEVELOPMENTS | 391 | ||
| 15.11 FURTHER INFORMATION | 392 | ||
| 16 The Rights of the Bereaved | 394 | ||
| 16.1 THE RIGHTS OVER A DEAD BODY | 394 | ||
| 16.2 FORMALITIES AFTER DEATH | 399 | ||
| 16.3 STATE INVESTIGATIONS INTO A DEATH | 403 | ||
| 16.4 REMEDIES | 415 | ||
| 16.5 FURTHER INFORMATION | 420 | ||
| Accessing UK Legal Resources | 422 | ||
| Index | 425 |