ABSTRACT
It is often difficult to balance the rights of the individual with the rights of wider society. Gillespie (2000) argues that, if the police use this balance, then they will have nothing to fear from the Human Rights Act 1998. The Act confers additional protection on the police officer in the execution of his/her duties and makes actions less open to challenge in the courts. What the Act should also do is make police procedures more certain, open and transparent to the general public, thereby increasing accountability. Contrary to the received wisdom of both police and public, the Act offers the Scottish police the opportunity to become the guardians of civil liberties rather than being seen as the oppressors of them.
