article 5

Question 1

intro ?

Answer 1

-everyone has right to liberty and security
-under s 5(1) no one shall be deprived of liberty
-beign deprived is based on ‘degree or insanity’ guzzardi

Question 2

limited right ?

Answer 2

-various circumstances restricting someone liberty may not be considered deprived
-espically where the state has a positive obligation

Question 3

justification for deprivation for liberty ?

Answer 3

-being a convicted criminal
-kettling or breach of peace
-lawful arrest has suspiction to have commited an offence (stop and search)

Question 4

deprived lawfully for the purposes of ?

Answer 4

-kettling
-deprivation of mentally disordered patients
-stop and question
-stop and search
-arrest