Article 5 (AO2)

Question 1

What does Article 5 Application split into?

Answer 1

-Article 5
-Apply restrictions(only relevant scenario ones)
-Conclusion

Question 2

What are the 7 possible restrictions?

Answer 2

-Terrorism Prevention and Investigation measures
-Care orders
-Kettling
-Stop and Search
-Section 60 orders
-Arrest
-Detention at the station after arrest

Question 3

What would you write for part 1 - Article 5 (intro)

Answer 3

-The offender has been detained…
-The purpose of this detention was…
-This deprivation of liberty was/wasn’t necessary because…

Question 4

What would you write for TPIM?

Answer 4

-List requirement of the order
-Explain if these are too restrictive or not

Question 5

What would you write for Care orders (Mentally sound)

Answer 5

-Explain the restrictions that have been placed on the individual
-Is there a court order in place?
-The individual is/isn’t under continuous supervision because…
-The person is/isn’t free to leave because…

Question 6

What would you write for Care orders (Mentally Ill)

Answer 6

-Here the person is/isn’t unsound mind because…
-The mental disorder is/isn’t persistent because
-Detention is/isn’t necessary because…

Question 7

What would you write for Kettling?

Answer 7

-The police were using the kettle because…
-Explain how long the people were detained for - is this necessary?
-The use of kettle was/wasn’t proportional to the threat of … because…
-The measures are/aren’t necessary to prevent violence because…

Question 8

What would you write for stop and search?

Answer 8

-Where did the stop and search take place? public?
-The police do/don’t have reasonable suspicion because…
-Do any of the other safeguards apply - why? (clothing removal, police ID, reason, force, written record)

Question 9

What would you write for S60 orders?

Answer 9

-Is there a Section 60 in place?
-Has this been authorised by a senior officer?
-Is it place for 48 hours?
-State that the officer doesn’t need reasonable suspicion to search

Question 10

What would you write for Arrest?

Answer 10

-Why has the person been arrested? Are they about to commit a crime, in process or after?
-Do the safeguards apply? why…

Question 11

What would you write for detention after arrest?

Answer 11

-Here the crime is… this is summary/ either way or indictable
-How long have they been detained? is this lawful?
-Do safeguards apply? (custody officer, reviews, cell, sleep, meals and drinks, interview 2 hrs max, phone call, solicitor )