article 5 Flashcards
What does Article 5(1)(a) state regarding detention?
A: Detention after due process includes detention after conviction for punishment.
Q: What was the ruling in Stafford v UK (2002)?
A: The rejection of parole for a convicted murderer due to fears of committing non-violent crimes was deemed an unlawful deprivation of liberty.
Q: What does Article 5(1)(b) allow?
A: It allows for lawful arrest or detention for breaching court orders or failing to fulfill a legal obligation (e.g., non-payment of tax, contempt of court, breach of bail).
Q: What does Article 5(1)(c) permit?
A: It allows for lawful arrest or detention of a person suspected of committing an offence.
Q: What was established in Fox, Campbell and Hartley v UK (1990)?
A: An honest belief of suspicion is not enough for lawful detention under Article 5(1)(c).
Q: What does Article 5(1)(d) cover?
A: It allows for the detention of minors for educational supervision or to bring them before a competent legal authority.
Q: What does Article 5(1)(e) allow?
A: It permits the detention of individuals to prevent the spread of infectious diseases and for persons of unsound mind, alcoholics, drug addicts, or vagrants.
Q: How does Article 5(1)(e) relate to the COVID-19 pandemic?
A: It allowed for national lockdowns and restrictions under s 45 of the Public Health (Control of Disease) Act 1984 to prevent the spread of infectious diseases.
Q: What was the ruling in HL v UK (2004)?
A: The detention of a patient with autism was found to be unlawful under Article 5(1)(e).
Q: What does Article 5(1)(f) cover?
A: It allows for the lawful arrest or detention to prevent unlawful entry into the country, or for those facing deportation or extradition.
Q: What was ruled in Saadi v UK (2008)?
A: The UK’s policy of detaining asylum-seekers while processing applications was compatible with Article 5 if the process was conducted quickly.
