Article 5: Liberty And Security

Question 1

5(1)(b)

Answer 1

Allows for the lawful arrest or detention of individuals who breach court orders or fail to fulfil an prescribed by law

Question 2

5(1)(a)

Answer 2

Detention after due process includes detention after conviction for punishment

Question 3

5(1)(c)

Answer 3

Allows for the lawful arrest or detention of a person suspected of having committed an offence

Question 4

5(1) D

Answer 4

The detention of a minor by a lawful order for the purpose of educational supervision or his lawful detention for the purpose of bringing him before competent legal authority

Question 5

5(1) E

Answer 5

The lawful detention of persons for the prevention of the spreading of infectious diseases, of persons of unsound mind, alcoholics or drug addicts vagrants

Question 6

5(1) F

Answer 6

The Lawful arrest or detention of a person to prevent his effecting an unauthorised entry into the country or of a person against whom action is being taken with a view to deportation or extradition

Question 7

Article 5 (2)

Answer 7

Everyone who is arrested shall be informed promptly, in a language which he understands, of the reasons for his arrest and of any charge against him.

Question 8

Article 5 (3)

Answer 8

Everyone arrested/detained in accordance with the provisions of paragraph 1(c) of this Article shall be brought promptly before a judge or other officer authorised by law to expertise judicial power and shall be entitled to trial within a reasonable time or to release pending trial. Release may be conditioned by guarantees to appear for trial.

Question 9

Article 5 (4)

Answer 9

Everyone who is deprived of his liberty by arrest or detention can bring proceedings

Question 10

Article 5 (5)

Answer 10

Everyone who has been the victim of arrest or detention in contravention of the provisions of this Article shall have an enforceable right to compensation.

Question 11

McKay v UK

Answer 11

4 days considered the max to be held before needing to be held

Question 12

Guzzardi v Italy

Answer 12

Deprivation of Liberty is not just limited to restriction of movement

Question 13

Christie v Leachinsky

Answer 13

Failure to give a reason for arrest results as false imprisonment

Delay of a few hours before being told of the “reason for arrest” is held to be acceptable

Delay of 7 hours - acceptable - Fox, Campbell and Hartley

Question 14

Rights of Detainee’s

Answer 14

S56 PACE - have someone informed of their detention (can be delayed for up to 36 hours for indictable offence)

S58 - Must be told about the duty solicitor and able to consult them privately

• Detention must be reviewed periodically

Question 15

PACE ACT

Answer 15

• Code A of the Police and Criminal Evidence Act permits stop and search where someone is suspected of, eg carrying a weapon or stolen goods.
• S60 of the Criminal Justice and Public Order Act (1994) gives police the right to search people without particular suspicion, in particular area where they believe with good reason that
- Serious violence will take place and the measure will prevent this
- A person is carrying a dangerous object or weapon
- An incident involving serious violence involving a weapon has occurred and stop and search may recover the weapon