Article 5 - Right to liberty and security of person Flashcards
What does the article state?
Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law.
When is it restricted?
it is restricted in cases where the law allows arrest or detention.
When is deprivation of liberty Justified?
The lawful detention of a person after conviction by a competent court.
The lawful arrest or detention of a person for non-compliance with the lawful order of a court or in order to secure the fulfilment of any obligation prescribed by law.
The lawful arrest or detention of a person affected for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so.
Article 5 (2)
This article allows e.g. the police time to find a translator if required, or if there is a struggle in order to arrest a suspect, time to provide the information.
Article 5 (3)
An arrested person must be brought to trial or released within a reasonable period of time.
Article 5 (4)
An arrested person is entitled to a swift trial to decide their innocence or guilt. Includes any appeals against conviction and/or sentence.
MH v UK:
Down Syndrome woman placed in a secure hospital for own safety.
ECourtHR ruled that the inability of the woman to challenge her detention under s2 of Mental Health Act 1983 violated her human rights under Article 5.
During the 28 days of detention allowed by the Act, the mother applied for her release, it was refused and triggered automatic detention for a further 6 months which mother couldn’t challenge.
What was the outcome in MH v UK?
Court found that lack of remedies for persons, or their representatives with a mental health condition during initial 28 days of detention breached Article 5(4).
Article 5 (5)
For an arrested person who is lawfully arrested, but found not guilty, there will be little, if any, possibility, of compensation.
However, if any of the rights under Article 5 are infringed, the arrested person is entitled to compensation, usually in the form of a financial reward.
