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Cover Immigration & Asylum Law

6. Crossing the border and leave to remain  

Gina Clayton, Georgina Firth, Caroline Sawyer, and Rowena Moffatt

This chapter is concerned with the legal processes of crossing the border to enter the UK and the stages at which that crossing is encountered before and on arrival. It discusses the extraterritorial powers of immigration officers and the role of new technologies as characteristics of an increasingly diffuse, intelligence-based, and security-oriented system. It describes the role and powers of entry clearance officers and immigration officers, including the power to discriminate, and considers the general grounds for refusal of leave or entry clearance. It presents a brief account of some offences which may be committed in the course of entry. Also discussed are the Common Travel Area (CTA), the grant of leave, and how the most secure immigration status of settlement may be achieved.


Cover International Human Rights Law

24. Within the State  

Andrew Byrnes and Catherine Renshaw

This chapter examines the state’s role in promoting and protecting human rights. The chapter deals with substantive protections: the nature, status, and scope of human rights protections under national law. These include the incorporation or other use of international human rights norms in domestic law, constitutional guarantees of rights, human rights legislation, protection under the general law, including the concept of the rule of law, and the common law. The chapter next considers institutional protections of human rights and briefly outlines the types of institutions that commonly play a role in the implementation, monitoring, and protection of human rights, including the courts, the executive, and the legislature, as well as mechanisms such as ombudsmen and national human rights institutions.


Cover Human Rights Law Directions

20. Applications: police powers  

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. It discusses European Convention law and relates it to domestic law under the HRA. Questions, discussion points, and thinking points help readers to engage fully with each subject and check their understanding as they progress and knowledge can be tested by self-test questions and exam questions at the chapter end. This chapter focuses on the authority of the police in the United Kingdom and on issues which are affected by human rights law under the HRA. Police powers are exercised with the authority of both common law and statute—the latter (e.g. the Police and Public Evidence Act 1984) must be interpreted for compatibility with Convention rights so far as section 3 HRA allows. The police are considered a ‘core’ public authority, and policing is self-evidently a public function. The following sections also discuss the extensive powers of the police in relation to, in particular, Article 5, regarding arrest and detention, and Article 8, regarding searches and seizure. English and Welsh courts adjudicating on these powers have generally found them to be compatible with Convention rights at the general level. Some important cases, such as over the retention, storage and use of personal data, have led to disagreements with Strasbourg and consequential changes to the law.