Unjustified Detention Flashcards
What is the first rule of unjustified detention?
P’s freedom or physical movement has been constrained by D
What is the second rule of unjustified detention?
D did not act with proper justification
Which article of ECHR protects individuals against unjustified detention and what is the title of the article?
Article 5. The right to liberty and security of persons.
What case sets out the ‘de minimis’ rule?
MacKenzie v Cluny Hill Hydropathic
Which case shows that unnecessary handcuffing can constitute UJ?
Henderson v Chief Constable of Fife
Which case says that Kettling is not UJ
Austin v UK
When are private parties justified in detaining people?
When they are morally certain that that person has committed a crime.
Which case shows us this?
Wightman v Lees
Which case shows warrants provide clear justification for detention?
Mckie v Chief Constable of Strathclyde
Which statute explains when police are justified in making arrest without a warrant?
Criminal Justice (Scotland) Act 2016 s1
What does section 1 of that act state?
No warrant needed if there are reasonable grounds for suspecting crime has been committed.
Which case suggests that malice is not required for police to be charged with unjustified detention?
Louden v Chief Constable of Police Scotland
Which case suggests that malice is required for police to be charged with unjustified detention?
Whitehouse v Gormley
