Powers of entry to private property (3)
Paine, S.
Powers of entry to private property (3) - 2000 - Solicitors' Journal 144(36) 29 September 2000, 874-875(2) .
Examines the growing power of the police to carry out covert surveillance activities. Since the introduction of PACE in 1984, which was followed by a number of statutory measures, there has been a progressive erosion of judicial authorisation for entry and search. Also reviews the impending reform of enforcement methods in the civil justice system, and assesses which entry powers may be vulnerable to challenge on the grounds of human rights. For instance, two judgments of the European Court of Human Rights have brought into question unwarranted entry by the police, and demonstrated that the police have very limited powers of entry to an occupied dwelling unless they clarify in advance their purpose for seeking entry. In these circumstances welcomes the Lord Chancellor's Department's current review of civil court judgments and enforcement procedures.
HUMAN RIGHTS ACT 1998
EUROPEAN COURT OF HUMAN RIGHTS
CIVIL COURTS
POLICING
ENTRY POWERS
SURVEILLANCE
BAILIFFS
Powers of entry to private property (3) - 2000 - Solicitors' Journal 144(36) 29 September 2000, 874-875(2) .
Examines the growing power of the police to carry out covert surveillance activities. Since the introduction of PACE in 1984, which was followed by a number of statutory measures, there has been a progressive erosion of judicial authorisation for entry and search. Also reviews the impending reform of enforcement methods in the civil justice system, and assesses which entry powers may be vulnerable to challenge on the grounds of human rights. For instance, two judgments of the European Court of Human Rights have brought into question unwarranted entry by the police, and demonstrated that the police have very limited powers of entry to an occupied dwelling unless they clarify in advance their purpose for seeking entry. In these circumstances welcomes the Lord Chancellor's Department's current review of civil court judgments and enforcement procedures.
HUMAN RIGHTS ACT 1998
EUROPEAN COURT OF HUMAN RIGHTS
CIVIL COURTS
POLICING
ENTRY POWERS
SURVEILLANCE
BAILIFFS