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Law- Human Rights > Article 5 > Flashcards

Article 5 Flashcards

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Civil Procedure 1L flashcards MBE flashcards MPRE flashcards
1
Q

What right does article 5 cover?

A

The right to liberty and security

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2
Q

What’s the main aim of the crime?

A

To prevent arbitrariness.

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3
Q

Arbitrary case

A

Saadi

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4
Q

Shivmolos

A

Article 5 can not arbitrarily arrest people who the authorities think may offend.

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5
Q

What type of right is Article 5?

A

A limited right

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6
Q

What does a limited right mean?

A

Can only be restricted in certain situations.

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7
Q

Exclusions of Article 5

A

(1) (a)-(f)

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8
Q

B and C

A

Detention for breach of courts order or obligation

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9
Q

B and C case

A

Campbell

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10
Q

E

A

Detention to prevent spread of infectious diseases, alcoholics, drug addicts

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11
Q

E case

A

Cheshire

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12
Q

F

A

Detention to stop someone unlawfully entering the country.

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13
Q

F case

A

Saadi

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14
Q

What is liberty?

A

not being under direct physical control of another.

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15
Q

Deprivation of liberty case

A

Guzzardi

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16
Q

Guzzardi

A

ECTHR decided deprived of liberty as restricted on a small island .

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17
Q

Kettling

A

Tactic of police used to control crowds during protests or demonstrations.

18
Q

Kettling case

A

Moos
Austin

19
Q

Moos case

A

No violation if justified.

20
Q

Austin

A

No longer than necessary

21
Q

Person arrested must be 5(2)

A

Informed promptly

22
Q

What must the person arrested be informed promptly of

A

should be in a language they understand
reasons for arrest
charges

23
Q

Promptly case

A

Fox

24
Q

Reason for arrest valid case

A

Christie

25
Q

Language understand case

A

Taylor

26
Q

Who also set out lawful arrests

A

S24 and S58

27
Q

Detention

A

the state of being detained in official custody.

28
Q

What section sets out detention?

A

S56 PACE

29
Q

Before judge promptly case

A

Mackay

30
Q

Being kept waiting is not deprivation case

A

Roberts

31
Q

Deprivation of liberty meaning

A

wide meaning

32
Q

Deprivation of liberty

A

When someone’s freedom is taken away, such as by being under constant supervision or physical restraint.

33
Q

Deprivation in mental hospital

A

Chester

34
Q

Deprivation at home

A

jj

35
Q

Deprivation on an island

A

Guzzardi

36
Q

Given a solicitor or inform someone of arrest case

A

Samuel

37
Q

What are detention rules under?

A

S56

38
Q

Detention rules

A

right to food and drink
right to someone knowing of detention
If injured medical attention.

39
Q

What is used to decide article 5?

A

Principle of proportionality

40
Q

What other rights are in detention?

A

Right to challenge
Right to compensate

Law- Human Rights (7 decks)

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