A5

Question 1

how to answer A5 PQ

Answer 1

1) what is A5
2)acid test
3)A5(1)
4)prescribed procedure + A5(2)
5)kettling
6)care

Question 2

what is article 5

Answer 2

article 5 is the right to liberty and security and freedom.
engel- liberty means phsical liberty
guzzardi - D was suspected of living in mafia -deprivation of liberty is a question of degree and intensity

Question 3

ACID test

Answer 3

ACID test - lady hale in cheshire west where someone was placed in a body suit to prevent him tearing their inconstinence pad - is the person under continuous supervision and not free to leave

Question 4

article 5(1)

Answer 4

no one should be deprived of their liberty unless its for one of the lawful reasons set out in article 5(1) sections A-F which consists of being convicted of a crime or arrested, the breach of a court order, being suspected of commiting an offence, for educational purposes, being of an unsound mind, stopping somebody illegally entering the country

Question 5

prescribed procedure + A5(2)

Answer 5

if there is going to be a deprivation of liberty it must be done lawfully and done by someone who is qualified and has the authority to deprive you of your liberty

A5(2) you have to be given a prompt reason for the deprivation of your liberty in a language you understand which is seen in the case of taylor

Question 6

kettling

Answer 6

kettling is the process of detaining a large group of people as a method of crowd control

Austin - detained for 7 hours in the vicinity of a protest -no breach of A5 because all measures were followed.

moos - police breached A5 by kettling protesters - kettling can only be used as a last resort when there is evidence of an imminent breach of the peace

Question 7

care

Answer 7

we can contain people of care if it comes under the acid test, A-F,

DE- DE and JE temporarily lived together but DE then lived in many care homes despite wanting to live with JE - There can still be deprivation of liberty in the absence of a lock or physical barrier

winterwerp - W was detained in hospital and complained his detention had deprived him of his ability to administer his property - some should not be deprived of their liberty unless they have reliably been shown to be of ‘sound mind’’

Question 8

A5 eval

Answer 8

p- contol orders and terrorism prevention you can detain someone and control them if they are suspected to be involved with terrorism
dev- there is no evidence for this therefore it is arguably unlawful and a breach of A5
e- as the “suspicion of terrorism” is open to abuse.

p- human rights can be derrogated in an emergency. they don’t have to respect your right if is in an emergency. it is unclear which rights can be limited +
d- parliament decides whether or not it is an emergency
e-therefore it is open to abuse.

p- although you may win a case and you are awarded compensation, you are doing it for future people, not yourself
dev- nobody can go back in time and reverse the unlawfulness which was carried out
e-therefore people may not even bother taking a case to the ECtHR.

p-you have to exhaust the uk court process before you can make a claim of a breach of your HR in the EctHR
dev-takes time and money and you must be aware of your rights if they have been breached
e-when decision is made it is made by an unelected judge and they may not even be from the UK.

p- kettling - the law isn’t concise enough on it
dev - austin, people detained over 7 hours and it was not a breach as they followed all measures however there is no specified time for how long someone can be kettled, Moos - police can only use kettling as a last resort but this isn’t specific enough.
e- therefore the laws on ketting aren’t concise enough leaving it open to abuse