Article 5

Question 1

Right to not be arbitrarily retained by the state - limited right

Answer 1

Definition

Question 2

Guzzardi v Italy

Answer 2

being made to live on an island was deprivation

Question 3

Austin v UK

Answer 3

Being kettled by police was not deprivation

Question 4

Roberts v Commisioner of Police

Answer 4

Being kept waiting during a stop and search is not deprivation

Question 5

Cheshire West v P

Answer 5

Being kept in care (even for own good) is deprivation

Question 6

Winterwerp v Netherlands

Answer 6

Winterwerp was detained in psychiatric institution due to mental health condition. Held that this was not permissable as Winterwerp was not given sufficient oppertunity to challenge his detention

Question 7

Shimovolos v Russia

Answer 7

Cannot arbitrarily arrest people that might offend

Question 8

McKay v UK

Answer 8

Brought before judge/magistrate within reasonable time (4 days)

Question 9

Stafford v Uk

Answer 9

Indeterminate sentances were approved even though they could have been considered arbitrary