Human rights
Overview
The Human Rights Act 1998 came into force on 2 October 2000. The Act gave further effect in UK law to the rights and freedoms guaranteed under the European Convention on Human Rights. The Convention provides a range of civil and political rights, many of which are relevant to the work of the Criminal Justice System. For example, Article 3 prohibits the use of torture or treatment which is degrading or humiliating, Article 5 provides a right to liberty and security, Article 6 the right to a fair trial.
For a full list of the Convention rights set out in the Human Rights Act 1998 please access the Ministry of Justice website.
The documents below provide general, practical guidance to CJS staff about the impact of the Human Rights Act on a range of issues.
Guidance on topical Human Rights issues
Documents:
- Duty to protect witnesses
- Lawful use of Force
- Human rights considerations and ASBOs summary
- Prolonged food refusal summary
- Human Rights and ASBOs
- Human Rights and hunger strikes
- Human Rights and prisoner access to education
- Refusing access to educational course summary
This guidance is updated regularly by OCJR. It was last updated in February 2008.
You can also contact us for comments and queries, including if you have a Human Rights-related CJS query that is not covered by the advice on this site.
The guidance and advice provided by this service are not a substitute for legal advice which we encourage you to obtain as and when necessary from your own agencies.