AboutBruce Fyfe Expertise Can answer questions relating to issues in the UK affected by the Human Rights Act 1998 (which enacted the rights under the European Convention of Human Rights).
Question Dear Sir,
I’m a law student in the interdisciplinary center Herzliya, Israel.
In those days I conduct a research about how courts in different countries balance the intrusion on the individual rights against the promotion of legitimate governmental interests in searches and seizures. I would like to know how in your point of view the human rights act [1998] sch.1 pt.1 art.8 influence the police and criminal evidence act 1984 s.55 [searches and seizures], and if there was any significant change in court’s ruling after 1998 as a result of the act.
Answer Ori
PACE is a piece of English legislation. My field is Scots law and, as a different country, we have a totally separate and different criminal justice system.
The HRA didn't take effect until 1999. The Police in the UK (Scotland, as well as England and Wales) took a proactive stance towards the impending implementation of this legislation - overly so, some might say - unlike almost all other government departments and national agencies, who, we soon found, had little if any knowledge or idea of the potential impact.
If you end me an e-mail address, I'll forward you some more information, both general and relevant to your question.