Article 5 evaluation

Question 1

Introduction

Answer 1

People have the right to not be arbitrarily detained by the state.
Links to Magna Carta and Habeas Corpus
Limited right so can’t be interfered with unless under the right or the state derogates.

Question 2

Limited right good

Answer 2

Public protected from state interference.
Limited to subsections which seems fair.

Question 3

Limited rights bad

Answer 3

Long list from A-F
Some not allowed under A-F

Question 4

Some not allowed under A-F case

Answer 4

Austin

Question 5

Deprivation A01

Answer 5

Deprivation is more than a restriction.
Decided on a case by case basis.
Being kept during stop and search isn’t deprivation.

Question 6

Stop and search isn’t deprivation case

Answer 6

Roberts

Question 7

Deprivation A03 Good

Answer 7

Protects public rights as case by case
Issues monitored and movements restricted lawfully

Question 8

Protects public rights as case by case

Answer 8

Guzzardi

Question 9

Deprivation A03 But

Answer 9

Lack of set definition leads to uncertainty

Question 10

Uncertainty with deprivation cases

Answer 10

Austin
Cheshire

Question 11

Arrest

Answer 11

Cannot arbitrarily arrest people that might offend
Arrest regulations under S24 PACE
Arrested person must be told reason, charges and in a language they understand

Question 12

Cannot arbitrarily arrest people who might offend

Answer 12

Shivmolos

Question 13

Language they understand case

Answer 13

Taylor

Question 14

Brought before judge

Answer 14

Within a reasonable period of time
Judges should consider bail
Bail should be granted unless a substantial reason

Question 15

Within a reasonable period of time case

Answer 15

McKay