Article 5 Flashcards
Russian interior depart of transport had name on surveillance. He got off a train and detained and threatened.
5(1)c cannot detain people as perceived dangerous.
Shimovolos v Russia
10 year old told being arrested for violent disorder
Taylor v chief const of Thames valley
Conviction of Robbery quashed PACE rules broken as told mother of arrest and denied solicitor
R vsamuel
Article 5 not violated when suspects detained for 6 days without charge
Brogan vUK
HoL rules indefinite detention of foreign terror suspects without trial unlawful bought in prevention of terrorism act and control orders
The belmarsh case
Mafia member held without trial on an island couldn’t practice faith or work or have family with him
Guzzardi v Italy
Guzzardi principle
Deprived of liberty under article 5 18hr curfew, restricted visits, confined to a restricted area for 6 hrs
Sec of state for home department v jj
Curfew in own home, living with wife and family no deprivation
Secretary of State for the home department v E
Person can be deprived even if not behind a locked door or other physical barrier and even though he may be allowed extensive social and other contact with the outside world.
Austin v commissioner for metropolis
Breach of the peace is defined when harm is done or likely to be done to a person, in his presence, to his property or a person is in fear of being harmed through assault, afray, riot, unlawful assembly or other disturbance
R v Howell
Police stood in line across exists from Oxford Circus station
Austin v commissioner for metropolis
G20 protestors ?? Unlawful kettling
R(Moos) v commissioner for metropolis
Kettles and asked for personal details and filmed by police
Mengesha v commissioner for metropolis
Lady failed to show a valid bus ticket ID gave false name, was searched under s 60
R(Roberts) v commissioner for metropolis
Protested against arms fair stopped and search. HoL applied Guzzardi principle no brief search was brief no handcuffs or detention
R( Gillan) v commissioner for metropolis
