Expert: Bruce Fyfe - 7/22/2006

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.