Chapter Updates for Policing and the Human Rights Act 1998

Page 235. The following human rights case should be included:

In Rivas v France (2004) a juvenile was arrested in connection with a burglary investigation. During questioning a police officer kneed him causing a testicle to rupture. The police officer was convicted of assault but this was subsequently overturned on appeal on the grounds of self-defence. The court accepted the officer’s explanation that the youth had suddenly risen to leave the room and raised his arm ready to strike as the officer prevented his escape, and stated that the officer’s response to this threat was proportionate. However, the European Court of Human Rights found that a violation of Article 3 had occurred. Taking into account the applicant’s age and the suffering caused, this constituted inhuman and degrading treatment. He was unarmed and within the confines of a police station, and the police officer could have made him sit down using other methods.

Appendix 9, 10 and 11. These have now been superseded by the new arrest framework under ss.110, 111 and Schedule 7 of the Serious Organised Crime and Police Act 2005 as covered in Chapter 3.

Appendix 12. All references to arrestable or serious arrestable offences are to be replaced by ‘indictable offence.’