Article 5 (AO3) Flashcards
What are the positive evaluations for Article 5?
-Protects individual rights
-Protects the public
-Protects against the abuse of police powers
What are the negative evaluations for Article 5?
-Indeterminate sentences
-Kettling is controversial
What is the summary explanation for evaluation: Protects individual rights?
-It is a fundamental right
-Applies to everyone in the UK
-UK citizens can challenged unlawful detention
-Protects individuals from the abuse of state power
-Article 5(1)(a-f) gives lawful detention
-Protects society
What is the summary explanation for evaluation: Indeterminate sentences?
-Sentences that have no fixed term
-Have the potneital to interfere with Article 5 rights
-It has been ruled lawful
-Stafford v Uk
-Parole board make the decision
-Are the parole board independent?
-It is not a speedy decision - Article 5(4)
What is the summary explanation for evaluation: Protection of the public?
-The UK can derogate
-National security
-The UK can protect the rights of everyone over one individual
-Is this justice for that one individual
-(Jeremy Bentham - Justice can not be achieved for everyone)
-Why is the suspects rights any less than any other human
-Control orders can help combat this
What is the summary explanation for evaluation: Kettling is controversial?
-It is lawful
-It has been recognized internationally that the police need this right
-(Austin 2009 - Kettling should be expected in modern society)
-Mengesha - the courts will not allow the abuse of this power
-Individuals can challenge the abuse
-But after the abuse has taken place
What is the summary explanation for evaluation: Protects against the abuse of police powers?
-PACE and Codes of Practice prevent abuse of powers
-S1 - S&S is limited
-Arrest - Article 5(3), they must give reasons for arrest
-ECHR recognize the need to prevent the abuse of police power
-S60 orders are lawful
-Can be abused by the police
-They can be discriminatory
