article 5 ao3

Question 1

strength - prevents unfairness

Answer 1

• gov can’t just lock ppl up
• someones arrested=.MUST be given clear legal reason , police must follow proper legal procedures
• E.G Samuel v uk- detained without access to lawyer, court said = unfair , broke art 5

Question 2

strength - challenge detention

Answer 2

• if u think detention is wrong , can challenge it in court and ask for release
• winterwerp v Netherlands - man locked p in mental hospital w/o proper legal procedures, ruled unlawful

Question 3

strength - diverse

Answer 3

• courts ruled =. everyone even ppl who cant easily defend themselves, gets fair treatment ,
• Cheshire west , court said , disabled ppl in care homes, shouldn’t be detained w.o clear legal safeguards

Question 4

limitation - deprivation of liberty meaning

Answer 4

• law doesn’t properly define when a persons freedom is taken away
• sometimes ,courts disagree on whether it was just a restriction or an actual detention
• Austin v uk - protestors kept in one area, said wasn’t detention
• mengesha, forcing protesters to give details = violation

Question 5

limitation - police power

Answer 5

-laws e.g pace 1984 and terrosism act 200, allows police to hold ppl w/o charge
- can be abused , go against art 5

e.g under terrosim act, ppl can be detained for 14 days w/o charge, long time w/o proof of wrongdoing

Question 6

limitation - terrosim laws

Answer 6

terrorism prevention and investigation measures,
- allows gov to restrict persons movement , communication , and daily life , even If they havent ben convincted of crime
- violate personal freedom