Has the Human Rights Act 1998 had a major impact on the criminal Essay

Has the Human Rights Act 1998 had a major impact on the criminal justice system in England and Wales - Essay Example â€Å"British courts must follow the principles of the Convention, and public bodies, like the police, schools, and hospitals must carry out their work in a way that upholds the Human Rights Act† (Life in the United Kingdom Advisory Group, 2004, p.132). Before the enactment of the Human Rights Act of 1998, many rights existed as privileges, and could be derogated at any time. According to Williams, â€Å"the due process model...appeared to protect the defendant, but not as of right, only to ensure a balance between the power of the State and the defence† (2012, p.45). The United Kingdom’s Human Rights Act 1998 was enacted so as to have significant impact on the criminal justice system in England and Wales (Molan, 2001). Rights listed in the Human Rights Act may sometimes seem new and unusual to English Magistrates and Judges, due to the fact that â€Å"it is regarded as a living instrument capable of adapting to events and society as it progresses and without the necessity of new legislation† (Gibson and Cavadino, 2008, p.151). 1. The right to life. The law protects everyone’s right to life. According to Life in the United Kingdom Advisory Group, â€Å"the state may take away someone’s life in only very limited circumstances, for example when a police officer acts justifiably in self-defence† (2004, p.132). 5. The right to a fair trial. Unless proven guilty, everyone facing criminal charges is presumed innocent. The right to a fair trial and public hearing is guaranteed to everyone in the United Kingdom through the Human Rights Act 1998. 6. Punishment only takes place within the law. Everyone that commits a crime that was not regarded as a crime by the law at the time it was committed, should not be found guilty, and neither should he/she be punished. 7. Right to respect towards everyone’s private and family life. This right includes individual’s homes and correspondences. According to the Life in the