Informed consent to police searches in England and Wales - A critical (re-)appraisal in the light of the Human Rights Act

Although there is currently no legal duty on the police to inform the subjects of searches that they have the right to refuse their consent, this article considers the impact of the Human Rights Act. It sets out, briefly, the domestic position before proposing several arguments based on Article 8 of the European Convention on Human Rights (ECHR) in favour of a change to informed consent in policing. It assesses how such challenges may be brought before a court and looks at the scope of any duty that may be imposed.