Other provisions for Article 5

Question 1

Other provision - 5(2)

Answer 1

Article 5(2) = everyone must be informed of the reason for their arrest in a language they understand

	○  An explanation by the custody officer will be sufficient
	○  Must be within a few hours unless exceptional circumstances  s.28 PACE 1984 says "at the time or as soon as is practicable", unless they escaped

Question 2

5(3)

Answer 2

Article 5(3) = everyone arrested should be brought before a judge “promptly”:

McKay - 4 days as a maximum

Question 3

5(4)

Answer 3

Article 5(4) = detainee has the right to challenge the legality of the detention

Anyone deprived of their liberty by arrest/detention is entitled to have lawfulness of his detention quickly decided by court, or other relevant tribunal

court has to be impartial and independent

Question 4

5(5)

Answer 4

Article 5(5) = right to compensation for unlawful arrest and detention

Mandatory right to compensation for anyone unlawfully arrested or detained under A.5(1)&4