ARTICLE 5

Question 1

What is article 5 ?

Answer 1

The right to liberty and security

Question 2

How can it be defined ?

Answer 2

“Confinement of a person to a certain limited place for a non negotiable length of time”

Question 3

What does arbitrary mean?

Answer 3

Existing randomly or out of chance
Essentially without good reason

Question 4

How does arbitrary relate to A5?

Answer 4

As it gives protection against arbitrary protection

Question 5

What type of right is A5?

Answer 5

Limited right

Question 6

What is a limited right?

Answer 6

Can be restricted in some way (EG right to liberty if someone is lawfully arrested )

Question 7

What does A5 include

Answer 7

• to be told promptly in a language you understand and WHY
• taken to court promptly
• have a trial within reasonable time
• to bail (during court process) may be subject to conditions

Question 8

What are the origins of A5?

Answer 8

• 1215 magna carter = “no free man …” essentially meaning you can only be detained in certain circumstances
• 1679 Habeus corpus = you must be told why you have been arrested
• 1776 us declaration of independence = you are entitled to compensation if your right is breached

Question 9

When can your right to liberty be restricted?

Answer 9

• arrest = can be detained by a public authority (EG found guilty of crime + sent to prison or reasonable suspicion you committed a crime)
• hospital and parental care (EG you have a mental health condition or the capability of spreading an infectious disease)

Question 10

Chester West

Answer 10

To do with 2 sisters who have Down’s syndrome - became subject to care proceeding in 2007
Deprivation of liberty if under continious supervision and not entitled to leave - even if in best interests

Question 11

Belmarsh Prisoners

Answer 11

Concerns indefinite detention of foreign prisoners in uk prison - held without trial under s23 of anti terrorism, a crime and security act 2001
HOL held provisions were incompatible with A5 - nothing done
Took case to ECHR - 2009 appeal case A and others v Uk

Question 12

R (Laporte) v Chief constable of Gloucestershire (2007)

Answer 12

L travelled by coach from London to take part in peaceful demonstration against Iraq war - coaches stopped by police and escorted them back to London - feared they were ‘troublemakers, might engage in violence’
Ruled - any police police preventative action needs to be imminent - THIS WAS NOT - so police had no lawful power - so now prescribed by ;aw

Question 13

R (Roberts) v Commissioner of the police of metropolis

Answer 13

UKSC court considered validity of suspicion-less S+S
HELD - appeal failed - both power and particular search of Robert’s was in accordance with law

Question 14

Gillian and Quinton v the UK

Answer 14

Involved S+S of 2 individuals near an arms fair - ECHR upheld their challenge as power and use of s44 of the terrorism act was too broadly drawn

Question 15

R v Bristol (2007)

Answer 15

Thought was drugs in mouth - police officer physically intervened - said search was unlawful as no drugs were found
HELD - drug search was in breach of PACE 1984 as failed to state name and station he was from

Question 16

O’ Hara v The Uk (2000)

Answer 16

Reliable informants told police about murder - arrested suspect but let go after 6 days and 13 hours
Brought civil action against police claiming assault, seizure of documents + unlawful arrest
HELD - no violation
Case sets out 2 stage test for reasonable grounds

Question 17

Austin and another v Commissioner of police

Answer 17

May demonstrations - 3000 demonstrators (mix of peaceful and not)
Austin a peaceful demonstrator was detained for 7hrs - brought case for breach of A5
No unlawful deprivation of liberty as A5 only prohibits arbitrary deprivation of liberty

Question 18

Foy v chief constable of Kent

Answer 18

Held lawful for officers to prevent striking miners leaving Kent when they were heading to join a picket in Nottingham
On basis that breach of peace would occur