Article 5 (1)

Question 1

Engel

Answer 1

“individual liberty in classical sense”

Question 2

Cheshire West v P

Answer 2

Lady hale “under constant supervision and control and not free to leave” and “a gilded cage is still a cage”

Question 3

A & Others

Answer 3

Cannot be indefinitely locked up without charge or chance of release

Question 4

Kettling

Answer 4

Austin v UK - type,manner, threat, exhaust all other options
Moos- No imminent breach of peace

Question 5

TPIM’s

Answer 5

A and others
Helps control those suspected to be involved in terrorism

Question 6

Care situations

Answer 6

Cheshire west - ….

Question 7

5(1)(a)

Answer 7

After conviction by competent court - stafford (connection)

Question 8

5(1)(b)

Answer 8

Non-compliance with court order - McVeigh, last resort

Question 9

5(1)(c)

Answer 9

Arrest on suspicion - (PACE s.24 procedures), (Steel v UK breach of peace)

Question 10

5(1)(d)

Answer 10

Minor for educational purposes - koniarska

Question 11

5(1)(e)

Answer 11

Infectious diseases - Coronavirus Act 2020, unsound mind - winterwerp “true mental disorder, ashingdone, therapeutic environment

Question 12

5(1)(f)

Answer 12

Prior to deportation - saudi