Article 5

Question 1

Fox, Campbell & Hartley v UK

Answer 1

There must be objective basis for the arrest
Police don’t have an absolute duty to give reasons, but must become apparent within a reasonable amount of time through subject matter of questions

Question 2

Johnson v UK

Answer 2

Continual forced detention in psychiatric facility due to post-release facility shortages was unjustifiable - state has a particularly high duty to ensure correct procedures are followed since individual has reduced ability to challenge their detention

Question 3

R (W) v Doncaster MBC

Answer 3

Not a breach of 5(1)(e) to detain a patient suffering from mental disorder where release is conditional upon securing appropriate accommodation and it has taken 7 months to do so

Question 4

Sunday Times v UK

Answer 4

Must be legal basis for interference with right
Relevant law must be sufficiently accessible
Must be formulated with sufficient precision to enable the citizen to regulate their conduct

Question 5

Gillan & Quintan v UK

Answer 5

Is the law sufficiently narrowly prescribed to prevent arbitrary abuse of power?

Question 6

Brogan v UK

Answer 6

4 days, 6 hours detention too long, regardless of context

Question 7

Hirst v UK

Answer 7

Delays of 21-24 months between reviews of applicant’s continued detention amounted to a breach

Question 8

Thompson and Venables v UK

Answer 8

Breach of Article 5 when Home Secretary had decided on length of sentence rather than court - no form of review

Question 9

Re JJ

Answer 9

Cumulative restrictions under control order did amount to deprivation of liberty

Question 10

Guzzardi v Italy

Answer 10

Imprisonment on island by Italian state was not a proportionate
Assessed all the circumstances - practical effects and intensity of restrictions

Question 11

SoSHD v AP

Answer 11

16 hour curfew and requirement to live 150 miles from family did amount to deprivation of liberty

Question 12

SoSHD v E

Answer 12

Able to leave home for 12 hour periods without geographical restriction - not deprivation of liberty

Question 13

SoSHD v Mahmoud Abu Rideh

Answer 13

If evidence is withheld from suspects, there must be a special representative to make sure authorities are using evidence properly, but is still forbidden from communicating with suspect

Question 14

Re MB

Answer 14

Involvement of special advocate is able to counterbalance any disadvantage flowing from non-disclosure

Question 15

SoSHD v AF, AM and AN

Answer 15

Departed from Re MB decision
Where specifics of case based solely upon closed material, right to fair process would not be satisfied
Controlled person must be given sufficient information about the allegations in order to give effective instruction to the Special Advocate

Question 16

Austin v MPC

Answer 16

Kettling does not amount to restriction of liberty if reasonably and proportionate response to non-approved demonstration