How Rules Protect Rights

The Police and Criminal Evidence Act of 1984 sets out the rules relating to the arrest and detention of individuals. It sets out when a police officer can arrest (s24); what must be done when the arrest is being effected (s28); requires that the person must be taken to a police station as soon as possible (s30); and sets out the duties of the custody offer (ss38,39) - and reviews regular reviews of the decision to detain (s40).

When studying police powers it is worth constructing a table of rights with the following columns

When Right Applies
Description of Right/Power
Qualifications
Relevant section of PACE / Code
Type of Offence
Level of authority

These rights are important - not because of some vague idea of 'fairness', but to reduce the danger of unsafe convictions. There have been a number of miscarriages of justice in the past which would have been avoided if the procedural safeguards of PACE had been in place. A famous example is that of Timothy Evans. Ludovic Kennedy argues in his book "10 Rillington Place" that the interrogation of Evans was worded by the investigating officers and carried out over the course of late evening and early morning hours to the physical and emotional detriment of the accused, a man in a highly emotional state at the time. He was convicted and hanged for the murders which were actually committed by a serial killer.

Notice of Rights

Codes of Practice

The GCHQ Case

Just before Christmas 1983, Mrs Thatcher - who was hostile to Trade Unions - ordered that the terms and conditions of civil servants working at GCHQ be revised so as to exclude membership of any trade union other than a departmental staff association approved by the director of GCHQ.

The Unions, representing their members who faced a stark choice - quit their union - or give up their job - brought an action for Judicial Review. They were challenging the decision of the Minister (in this case the Prime Minister) to alter the terms of conditions of the staff at GCHQ. The power to make that decision arose not from statute, but was part of the Royal Prerogative.

Full judgment available here

The decision is important for a number of reasons -

• It establishes that decisions taken under the Royal Prerogative can be subject to Judicial Review
• It sets out the three headings of Judicial Review (Illegality; Irrationality & Procedural Impropriety) - [a fourth 'Breach of Convention Right' results from the Human Rights Act 1998]
• National Security can override other rights

Ben's Chili Bowl

On a recent visit to Washington DC I was taken to Ben's Chili Bowl. I want to go back (I loved the chili dog)! Even President Obama visits! (Other customers have included Duke Ellington, Miles Davis, Ella Fitzgerald, Martin Luther King and Bill Cosby).




More information can be found at the Ben's Chili Bowl Website

Richard Baker

Richard Baker was the Senate Historian, the first ever. He retired this August. I enjoyed - and continue to dip into his brilliant book "200 Notable Days: Senate Stories 1787 to 2002". For many years he opened up the weekly luncheon of the Senate Democratic caucus with a brief anedote from the history of the Senate. These are now available on the Senate website.

C-SPAN recently filmed a conversation with Mr Baker

How many members?

The House of Commons changes its size every few years. Currently there are 646 seats, which will rise to 650 at the coming General Election. David Cameron has proposed reducing the size to 585. The twentieth century began with 670 MPs , rising to a high of 707 in 1918, with 615 from 1922 to 1945. 1945 saw 640 elected; from 1950 to 1955 there were 625. There were 630 between 1955 and 1974; 635 until 1983; 650 between 1983 and 1992. 651 were elected in 1992 - and after another major change in boundaries, 659 from 1977 t0 2005.

The number of Peers eligible to sit in the House of Lords changes frequently. There are no set limits - and the numbers rise with new appointments, and fall upon the death of any member. [Only Bishops 'retire' from the House of Lords - for others death is the only release].

The Senate's size is governed by Art 1 Section 3 Clause 1 "The Senate of the United States shall be composed of two Senators from each State".

The House of Representatives is fixed by statute at 435 (Public Law 62-5 of 1911) members. This number could be changed by statute. CQ Politics reported this week that a retired health care consultant in Southern California, Scott Scharpen, has filed a lawsuit in a federal district court in Mississippi contending that the law limiting House membership to 435 is unconstitutional because it violates the principle of one person, one vote.