Article 5 Essay

Question 1

What is the typical A.5 Essay topic?

Answer 1

How well is A.5 protected?

Question 2

What does A.5 rights being protected mean?

Answer 2

It means our rights can be interfered with and what factors would result in an unlawful deprivation.

Question 3

In your own words, how would you outline the decision of the court when deciding if an interference was lawful or not?

Answer 3

That the court will take into consideration the balance of the legitimate aims, like national security compared to the deprivation you suffered.

Question 4

What needs to be outlined about A.5?

Answer 4

That it is a qualified right, that can be interfered with.

Question 5

What must the interference of a.5 be?

Answer 5

Lawful

Question 6

How can an interference be lawful?

Answer 6

If it follows lawful reasons/ has a legitimate aim.

Question 7

What are the legitimate aims that make an interference with a.5 lawful?

Answer 7

Where the deprevation is because of a conviction/arrest, legal obligation, mental health or immigration. To name the most common ones.

Question 8

What is an interference with Article 5 called?

Answer 8

A deprivation of liberty.

Question 9

What does it mean when the state can interfere with our A.5 rights?

Answer 9

That this right is not guarnteed by the state, so it is not protected by the government. So the courts have to protect out rights and ensure it has been interfered with lawfully.

Question 10

What does Christie rule?

Answer 10

If the reasons for deprivation are not stated the the deprivation is unlawful.

Question 11

When does a deprivation take place?

Answer 11

When there is a level of control and supervision over the claiment. So much so that there liberty has been deprived.

Question 12

what case made the rules on deprivation?

Answer 12

Cheshire

Question 13

What is a good example of deprivation?

Answer 13

The case of Guzzardi

Question 14

What are the details of Guzzardi?

Answer 14

He was kept on an island, he had to ask permission and there were restrictions on what he could and could not do, like practising a religion.

Question 15

Why was Guzzardi considered a deprivation?

Answer 15

Due to there being a high level of control and constant supervision of Guzzardi, the courts considered it a deprivation.

Question 16

To be a lawful restriction what does the interference need to be based on?

Answer 16

An accessible law. So an Act of Parliament that the public can easily access and read. So the public can know what is considered a crime.

Question 17

What must the interference be?

Answer 17

Necessary, the authority must deem it the only cause of action that will work in that situation.

Question 18

What makes the lawful interference lawful?

Answer 18

Being subjected to procedures and judicial supervision to ensure that the state is not overstepping it’s powers.

Question 19

Why does deprivation need to be subject to procedures and judicial supervision?

Answer 19

As the state was wide powers to interfere, and we need our rights protected so they cannot be abused.

Question 20

What is an action which can be considered to be a deprivation?

Answer 20

Kettling.

Question 21

What is kettling?

Answer 21

When the police pen a crowd to control them, this is to control protests.

Question 22

What is the legitimate aim behind kettling?

Answer 22

As it is for public safety, as they use kettling to control and contain social disorder.

Question 23

To use kettling lawful, what must be determined?

Answer 23

That kettling was used in a necessary and a proportionate way.

Question 24

What did Austin rule?

Answer 24

That kettling must be necessary and proportionate. As the crowd in Austin was kettled for 7 hours, but it was as long as necessary and was deemed to be proportionate to keep public order.

Question 25

What is another example when A.5 can be interferred with?

Answer 25

Mental Capacity Act Detention.

Question 26

What does mental capacity act detention (MCAD) mean?

Answer 26

To lawfully detain someone for mental illness, for their own safety.

Question 27

What are the requirements to to be detained for mental illness?

Answer 27

• A disorder must be diagnosed.
• There should be regular reviews, on their condition.
• There must have a link between their condition and the institution (the institution must meet their needs)
• Needs to be a therapeutic environment, where the institution must help them recover.

Question 28

What is the Cheshire test?

Answer 28

It outlines what is considered a deprivation. If there is a level of control and constant supervision, it is a deprivation.

Question 29

What does Cheshire also outline?

Answer 29

That a domestic setting doesn’t prevent it from being a deprivation. As long as you are being controlled and supervised it is a deprivation.

Question 30

What can be seen in HL v UK?

Answer 30

That it doesn’t matter if the person is locked up or not, it doesn’t determine if a deprivation has taken place.

Question 31

What is the case of murray?

Answer 31

Her brothers were arrested in USA under terrorism charges. So the police went to her house arrested her for “funding terrorism”, interviewed her, secretly photographed her and kept those photos and the police wanted her to take a medical check which she refused to do.

Question 32

What did Murray claim about her ordeal?

Answer 32

That it was a violation of her A.5 rights, and that it was a “fishing expedition”. Where the police didn’t have an offence to charge her with, so jumped the gun to find an offence.

Question 33

What did the courts rule? why?

Answer 33

They ruled againist her, claiming that the state had lawfully interfered with her A.5 rights. As when balancing her claims to the threat of terrorism the courts will prioritise national security over the inconvenience of one person. So

Question 34

What should happen when protecting A.5 rights?

Answer 34

If the state interferes with a free person’s liberty the more the courts need to protect our rights.

Question 35

Why do convictions carry the least amount of issues?

Answer 35

As it is a proportionate response to the actions/crime you committed.

Question 36

Why will police powers be questioned?

Answer 36

As your liberty will be temporarily interfered with.

Question 37

Why does kettling raise concerns?

Answer 37

As your liberty is interfered with for longer and will scope up more innocent people.

Question 38

What do courts do for police powers?

Answer 38

They will frequently check these powers, as the police and therefore the state have extended powers to interfere with your liberty.

Question 39

Why are mental health cases complex?

Answer 39

As you are being deprived for your own well-being. So it is difficult to draw lines as to what is unlawful and what is lawful, as it is for your own safety.

Question 40

What will the courts make sure of?

Answer 40

The courts will ensure that your rights are balanced with the legitimate reasons the states have.