Article 5 Flashcards
What right does article 5 cover?
The right to liberty and security
What’s the main aim of the crime?
To prevent arbitrariness.
Arbitrary case
Saadi
Shivmolos
Article 5 can not arbitrarily arrest people who the authorities think may offend.
What type of right is Article 5?
A Qualified right
What is the right limited by ?
Can only be restricted in certain situations.
Exclusions of Article 5
(1) (a)-(f)
B and C
Detention for breach of courts order or obligation
B and C case
Campbell
E
Detention to prevent spread of infectious diseases, alcoholics, drug addicts
E case
Cheshire
F
Detention to stop someone unlawfully entering the country.
F case
Saadi
What is liberty?
not being under direct physical control of another.
Deprivation of liberty case
Guzzardi
Guzzardi
ECTHR decided deprived of liberty as restricted on a small island .
Kettling
Tactic of police used to control crowds during protests or demonstrations.
Kettling case
Moos
Austin
Moos case
No violation if justified.
Austin
No longer than necessary
Person arrested must be 5(2)
Informed promptly
What must the person arrested be informed promptly of
should be in a language they understand
reasons for arrest
charges
Promptly case
Fox
Reason for arrest valid case
Christie
Language understand case
Taylor
Who also set out lawful arrests
S24 and S58
Detention
the state of being detained in official custody.
What section sets out detention?
S56 PACE
Before judge promptly case
Mackay
Being kept waiting is not deprivation case
Roberts
Deprivation of liberty
When someone’s freedom is taken away, such as by being under constant supervision or physical restraint.
Deprivation in mental hospital
Chester
Deprivation at home
jj
Deprivation on an island
Guzzardi
Given a solicitor or inform someone of arrest case
Samuel
What are detention rules under?
S56
Detention rules
right to food and drink
right to someone knowing of detention
If injured medical attention.
What is used to decide article 5?
Principle of proportionality
What other rights are in detention?
Right to challenge
Right to compensate
What is deprivation of liberty dependent on?
Degree and intensity
What does deprivation of liberty have to be in accordance with?
National law
What does deprivation of liberty not have to be in accordance with?
Arbitrary
What does there have to be a connection with in deprivation of liberty?
Between conviction and continued detention
What is 5 (1) a?
Detention after conviction is lawful.
What is 5(4)?
Challenge a deprivation of liberty speedily In court and the right to a periodic review.
Periodic review case
Stafford
What is 5(5)?
Sets out right to compensation where deprivation has been in contravention of Art5
