Article 5 A01

Question 1

Article 5

Answer 1

Right to Liberty & Security

Question 1

Type of right

Answer 1

Limited Right

Question 2

Define Deprivation - Guzzardi v Italy

Answer 2

Will be based on the ‘degree or intensity’ - (type, duration, effects, manner)

Question 3

Define Deprivation - Austin v UK

Answer 3

Being ‘kettled’ doesn’t breach Article 5 - not a deprivation

Question 4

Define Deprivation - Cheshire West v P (case)

Answer 4

rules on deprivation apply to all citizens equally regardless of motive. (JE v DE, disabled people)

Question 5

Art 5(1)

Answer 5

Everyone has the right to liberty and security of person

Question 6

No one shall be deprived of his liberty save in the following cases set out in

Answer 6

Article 5(1)(a)-(f):

Question 7

Art 5(1)(a) (case)

Answer 7

Detention after conviction - Stafford v UK.

Question 8

Art 5(1)(b)

Answer 8

Non- compliance with a court order

Question 9

Art 5(1)(c) (case)

Answer 9

Reasonable suspicion of committing an offence - Shimovolos v Russia

Question 10

Art 5(1)(d)

Answer 10

Detention of a minor

Question 11

Art 5(1)(e)

Answer 11

Prevent spreading of disease, those of unsound mind, alcoholics, drug addicts or
vagrants

Question 12

Art 5(1)(e) Winterwerp v Netherlands reasons detention can be justified:

Answer 12

1. Medically recognised condition
2. Disorder must be sufficient to justify the detention
3. Detention - duration the disorder exists
4. Detention - appropriate institution
5. Detention - periodically reviewed (Cheshire West)

Question 13

Art 5(1)(e) Cheshire West v P (clarified three things)

Answer 13

A person under continuous supervision and control is not ‘free to leave.’

• Mentally incapacitated people have the same right to liberty as everyone else.

-If a person’s liberty is deprived due to mental health then this must be sanctioned by a court order or a declaration under the Mental Capacity Act.

Question 14

Art 5(1)(e) JE v DE Surrey County Council

Answer 14

Relative levels of freedom did not mean a person was not deprived of his freedom if he was not ‘free to leave’

Question 15

Art 5(1)(f)

Answer 15

To prevent unauthorised entry into a country; deportation or extradition

Question 16

Art 5(2) (case)

Answer 16

Right to be promptly informed of the grounds for arrest - Fox, Campbell and Hartley v
UK

Question 17

Art 5(3) (case)

Answer 17

ight to be brought promptly before a judge - McKay v UK

Question 18

Art 5(4)

Answer 18

Right to challenge the lawfulness of the detention and release ordered if not lawful