A5 Sections

Question 1

What is article 5?

Answer 1

The right to liberty and security of person.

Question 2

Article 5 Section 1

Answer 2

Everyone has the right to liberty and security of person.
No one shall be deprived of this save in the following cases and in accordance with a procedure prescribed by law:

Question 3

A5 S1 SB(A)

Answer 3

The lawful detention of a person after conviction by a competent court.

Question 4

A5 S1 SB(B)

Answer 4

The lawful arrest or detention of a person for non-compliance with the lawful order of a court or in order to secure the fulfillment of any obligation prescribed by law.

Question 5

A5 S1 SB(C)

Answer 5

The lawful arrest or detention or detention of a person effected for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when its reasonably considered necessary to prevent his committing an offence or fleeing after having done so.

Question 6

A5 S1 SB(D)

Answer 6

The detention of a minor by lawful order for the purpose if educational supervision or his lawful detention for the purpose of bringing him before the competent legal authority.

Question 7

A5 S1 SB(E)

Answer 7

The lawful detention of persons for the prevention of the spread of infectious disease, of persons of unsound mind, alcoholics, drug addicts or vagrants.

Question 8

A5 S1 SB(F)

Answer 8

The lawful arrest or detention of a person to prevent his effecting an unauthorised entry to the country.

Question 9

Article 5 Section 2

Answer 9

Everyone who is arrested shalll be informed promptly, in a language which he understands, of the reasons for his arrest and of any charge against him.

Question 10

Article 5 Section 3

Answer 10

Anyone arrested or detained in accordance with the provisions of paragraph 1(c) shall be brought promptly before a judge or any other officer authorised by law to exercise judicial power and shall be entitled to trial within a reasonable time or release pending trial.

Question 11

Article 5 Section 4

Answer 11

Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which if the lawfulness of his detention shall be decided speedily by a court, and release ordered if detention is not lawful.

Question 12

Article 5 Section 5

Answer 12

Provides that everyone who has been victim of unlawful arrest or detention shall have right to compensation.

Question 13

PACE S1

Answer 13

A constable may search any person, vehicle or anything on or in the vehicle if they have grounds for suspecting they may find any stolen property or prohibited articles. i.e. Offensive weapons, corrosive substances, prohibited fireworks.
(i) To search a person without first arresting him.
(ii) To search a vehicle without making an arrest.

Question 14

PACE S2

Answer 14

Identify your name unless terror related/specific risk to the officer.
Station attached (must be geographical location).
Object, be clear what you are looking for.
Grounds for suspicion, what you’ve seen, information received.
Entitlement to copy of search record with 3 months.
Warrant card if not in full uniform.
You are detained for the purpose of the search.

Question 15

Code A

Answer 15

Exercise by police officers of statutory powers to search a person or vehicle without first making an arrest and the need for police officer to make record of the stop.

Question 16

S60 CJPOA

Answer 16

Specifically used to prevent and detect the carrying of dangerous instruments or offensive weapons.
Reasonable Suspicion: Must rely on intelligence or information about, or some specific behaviour by the person concerned.

Question 17

Arrest
S24 PACE.
Section 1 and Subsections 1(A)- 3(B)

Answer 17

1) A constable may arrest without a warrant–
(a) anyone who is about to commit an offence;
(b) anyone who is in the act of committing an offence.
(c) anyone for whom he has reasonable grounds for suspecting to be about to commit an offence.
(d) anyone whom he has reasonable grounds for suspecting to be committing an offence.
2) If a constable has reasonable grounds for suspecting that an offence has been committed, he may arrest without a warrant anyone whom he has reasonable grounds to suspect to be guilty of it.
3) If an offence has been committed, a constable may arrest without a warrant–
(a) Anyone who is guilty of the offence
(b) Anyone whom he has reasonable grounds for suspecting to be guilty of it.