ABSTRACT
This is a reasonably straightforward question, but it does cover a very wide range of issues. The most straightforward approach is to consider the legality of the police conduct at every point. Once this issue has been determined at each point, the applicability of the possible forms of redress can be considered. It should be noted that the examinee is merely asked to ‘advise Colin’; therefore, all relevant possibilities should be discussed – albeit briefly due to the time constraint. European Court of Human Rights (ECtHR) cases should be considered in relation to the relevant Articles of the European Convention on Human Rights (ECHR), contained in Sched 1 to the HRA, and the effects of ss 3 and 6 of the HRA should be discussed.
