Assignment On Template for Assessment

Template for Assessment 1 – research Exercise
(40%)
Essay title for Assessment
THE OPERATION OF ARTICLE 5 OF THE EUROPEAN CONVENTION ON
HUMAN RIGHTS IN PROTECTION OF THOSE ACCUSED OF COMMITING
CRIMES THROUGH THE POLICE AND CRIMINAL EVIDENCE ACT 1984 AND
THE ASSOCIATED CODES OF PRACTICE
What is the question asking? Outline your understanding of the
question requirements below.
The Code for Crown Prosecutors offers that:
"Prosecutors must apply the principles of the European
Convention on Human Rights, in accordance with the Human
Rights Act 1998, at each stage of a case."
Article 5 of the EUROPEAN CONVENTION ON HUMAN RIGHTS provides
for the right to liberty and security of any person and that no one is to
be deprived of his liberty based on the standards set by the
Convention and any other prescribed procedure by the law. As the
Crown Prosecution Service is committed in upholding and protecting
the rights of everyone who comes into contact with the criminal justice
system, and for this case as a defendant, the aim of the PACE and the
codes of practice it introduces is to create a balance between the
powers of the police and the rights and freedoms of the public. The
treatment of suspects is then a very critical and sensitive consideration
under the ECHR.
With all that in mind, this is a question of how the specified article 5 of
the ECHR works to ensure that the fundamental right of liberty and
security of person are not violated by the police. This portrays the key
principle of criminal law on the presumption of innocence until one is
proven guilty by the court of law.

Outline the key ideas you will use in your essay. You can
separate these into sides of an argument or different
perspectives to answer the question
-The Rights of the accused person
-A brief outline of the specifications of Art 5 of the ECHR with examples.
- the link of the ECHR and PACE in working towards the stated common
goal- protecting the accused person.
-Pretrial detention vs presumption of innocence
-prevention detention vs right to liberty.
What are the key sources you will use? List each source and
evaluate its credibility (textbooks, journals, websites)
remember to use OSCOLA referencing when you list these.
1. 'Human Rights And Criminal Prosecutions: General
Principles | The Crown Prosecution Service' (
Cps.gov.uk, 2019)
<https://www.cps.gov.uk/legal-guidance/human-rights-and-
criminal-prosecutions-general-principles> accessed 8 April 2020
This is the official website of the Crown Prosecution Service. The CPS is
a public authority for the purposes of the Human Rights Act 1998 (“the
HRA”).
2. Zander M, 'PACE (The Police And Criminal Evidence) Act
1984: Past, Present And Future' (2011) 23 National Law School
of India Review <https://www.jstor.org/stable/44283738?
seq=1> accessed 8 April 2020
The author Michael Zander, is an Emeritus Professor Law at London
School of Economics and Political Science. Professor Zander was a
member of the Royal Commission on Criminal Justice (1991–1993). He is
presently a member of the Home Office's PACE Strategy Board.
3. 'European Convention On Human Rights - Official Texts,
Convention And Protocols' (
Echr.coe.int, 2020)
<https://www.echr.coe.int/Pages/home.aspx?p=basictexts&c=>

accessed 8 April 2020
The website with a PFF of the European Convention On Human Rights
4. 'Police And Criminal Evidence Act 1984'
(
Legislation.gov.uk, 2020)
<http://www.legislation.gov.uk/ukpga/1984/60/contents>
accessed 8 April 2020
5. Gerards J,
General Principles Of The European Convention
On Human Rights (Cambridge University Press 2019).
Janneke Gerards is Research Professor of Fundamental Rights Law at the
Law Faculty of Radboud University Nijmegen.
6. Kuijer M, 'The Challenging Relationship Between The
European Convention On Human Rights And The EU Legal Order:
Consequences Of A Delayed Accession' [2018] The International
Journal of Human Right<
https://doi.org/10.1080/13642987.2018.1535433>accessed 8
April 2020
7. Amos M, 'The Value Of The European Court Of Human
Rights To The United Kingdom' (2017) 28 European Journal of
International Law< https://doi.org/10.1093/ejil/chx044>accessed
8 April 2020
The European Journal of International Law is a quarterly law journal
covering international law in a combination of theoretical and practical
approaches.
8. Gerards J, and Glas L, 'Access To Justice In The European
Convention On Human Rights System' (2017) 35 Netherlands
Quarterly of Human
Rights,/https://doi.org/10.1177%2F0924051917693988>accesse
d 8 April 2020
9. Cline D, 'Deprivation Of Liberty: Has The European Court
Of Human Rights Recognised A ‘Public Safety’ Exception?'
(2013) 29 Utrecht Journal of International and European
Law<http://doi.org/10.5334/ujiel.bl>accessed 8 April 2020
10. Stevens L, 'Pre-Trial Detention: The Presumption Of
Innocence And Article 5 Of The European Convention On Human
Rights Cannot And Does Not Limit Its Increasing Use' (2009) 17
European Journal of Crime, Criminal Law and Criminal Justice<
DOI. 10.1163/157181709X429132 > accessed 8 April 2020
11. Kisic N, and King S, 'Toward A More Lenient Law: Trends In
Sentencing From The European Court Of Human Rights' (2014)
21 Human Rights Brief
<https://digitalcommons.wcl.american.edu/cgi/viewcontent.cgi?
article=1910&context=hrbrief> accessed 8 April 2020
The
Human Rights Brief is a student-run publication at American