ABSTRACT

Personal liberty is one of the hallmarks of a free society. Citizens should be able to live their lives free from arbitrary interference from the state. Additionally, it is important to ensure there are mechanisms in place for public protection that are proportionately exercised. This chapter will consider the relationship between the police, acting as a public authority, investigating crime and maintaining public order, with the legal obligation to ensure the rights of the citizens are adequately protected under the relevant provisions contained within the European Convention on Human Rights and Fundamental Freedoms (1950) and the Human Rights Act 1998.