Art 5 - Right to Liberty + Security of Person Flashcards
(4 cards)
1
Q
Intro
A
- Right to liberty + sec of person
- Right to not have liberty unlawfully deprived
- Deprivation = detained for any period, against will, by state (Guzzardi v Italy = degree + intensity not just nature + substance)
- Liberty = go freely about your business
- Security of person = cannot have lib removed without just cause
2
Q
Deprivation of liberty
A
- Arrest/stop + search (PACE 1984)
- Detention (PACE 1984)
- Keeping someone in care
–> Cheshire West = disabled same rights, detention reviewed, follow process
–> Detention = not allowed to leave (HR v UK, JR v DE)
–> Degree/nature considered (Hillingdon LBC v Neary) - Kettling
–> Police hold in fear of breach of peace
–> Legal if good faith + prop + not longer than nec (Austin)
–> Lawful if breach if imminent, hold to prevent violence (Moos)
–> Unlawful to film (Mangesha) - Imprisonment
–> Regular review (Vinter v UK)
–> Able to meet conditions (James v UK) - Secure institutions (MHA 1983)
–> Dep of lib = constant + continuous supervision (HL v UK) - Control orders
–> Replaced by TPIMS (Terr Prev + Invest Measures) - controlled by Home Sec
|–> Tagging + overnight residency restrictions
|–> Association restricts + foreign travel bans
|–> Cannot exceed 2 years
–> Not hold indef without charge (A+oth v UK)
–> Not too strict (Guzzardi v Italy, JJ v SS, E v SS)
3
Q
5(1) - Lawful deprivation of liberty
A
- a) Conviction by competent Ct
- b) Failure to comply with Ct orders
- c) Detention to bring before Ct
- d) Educational purposes
- e) Prevent spread of disease, person of unsound mind, vagrants, addicts
- f) Stop entry/lawful deportation
4
Q
Conditions of deprivation
A
- 5(2) = Inform promptly, reason for arrest, in understood language
- 5(3) = Brought promptly before J, entitled to trial in reasonable time (Brogan)
- 5(4) = Speedy trial to determine guilt/innocence and lawfulness of detention (Stafford)
- 5(5) = Compensation of right infringed
