Article 5

Question 1

What right does article 5 cover?

Answer 1

The right to liberty and security

Question 2

What’s the main aim of the crime?

Answer 2

To prevent arbitrariness.

Question 3

Arbitrary case

Answer 3

Saadi

Question 4

Shivmolos

Answer 4

Article 5 can not arbitrarily arrest people who the authorities think may offend.

Question 5

What type of right is Article 5?

Answer 5

A Qualified right

Question 6

What is the right limited by ?

Answer 6

Can only be restricted in certain situations.

Question 7

Exclusions of Article 5

Answer 7

(1) (a)-(f)

Question 8

B and C

Answer 8

Detention for breach of courts order or obligation

Question 9

B and C case

Answer 9

Campbell

Question 10

E

Answer 10

Detention to prevent spread of infectious diseases, alcoholics, drug addicts

Question 11

E case

Answer 11

Cheshire

Question 12

F

Answer 12

Detention to stop someone unlawfully entering the country.

Question 13

F case

Answer 13

Saadi

Question 14

What is liberty?

Answer 14

not being under direct physical control of another.

Question 15

Deprivation of liberty case

Answer 15

Guzzardi

Question 16

Guzzardi

Answer 16

ECTHR decided deprived of liberty as restricted on a small island .

Question 17

Kettling

Answer 17

Tactic of police used to control crowds during protests or demonstrations.

Question 18

Kettling case

Answer 18

Moos
Austin

Question 19

Moos case

Answer 19

No violation if justified.

Question 20

Austin

Answer 20

No longer than necessary

Question 21

Person arrested must be 5(2)

Answer 21

Informed promptly

Question 22

What must the person arrested be informed promptly of

Answer 22

should be in a language they understand
reasons for arrest
charges

Question 23

Promptly case

Answer 23

Fox

Question 24

Reason for arrest valid case

Answer 24

Christie

Question 25

Language understand case

Answer 25

Taylor

Question 26

Who also set out lawful arrests

Answer 26

S24 and S58

Question 27

Detention

Answer 27

the state of being detained in official custody.

Question 28

What section sets out detention?

Answer 28

S56 PACE

Question 29

Before judge promptly case

Answer 29

Mackay

Question 30

Being kept waiting is not deprivation case

Answer 30

Roberts

Question 31

Deprivation of liberty

Answer 31

When someone's freedom is taken away, such as by being under constant supervision or physical restraint.

Question 32

Deprivation in mental hospital

Answer 32

Chester

Question 33

Deprivation at home

Answer 33

jj

Question 34

Deprivation on an island

Answer 34

Guzzardi

Question 35

Given a solicitor or inform someone of arrest case

Answer 35

Samuel

Question 36

What are detention rules under?

Answer 36

S56

Question 37

Detention rules

Answer 37

right to food and drink right to someone knowing of detention If injured medical attention.

Question 38

What is used to decide article 5?

Answer 38

Principle of proportionality

Question 39

What other rights are in detention?

Answer 39

Right to challenge Right to compensate

Question 40

What is deprivation of liberty dependent on?

Answer 40

Degree and intensity

Question 41

What does deprivation of liberty have to be in accordance with?

Answer 41

National law

Question 42

What does deprivation of liberty not have to be in accordance with?

Answer 42

Arbitrary

Question 43

What does there have to be a connection with in deprivation of liberty?

Answer 43

Between conviction and continued detention

Question 44

What is 5 (1) a?

Answer 44

Detention after conviction is lawful.

Question 45

What is 5(4)?

Answer 45

Challenge a deprivation of liberty speedily In court and the right to a periodic review.

Question 46

Periodic review case

Answer 46

Stafford

Question 47

What is 5(5)?

Answer 47

Sets out right to compensation where deprivation has been in contravention of Art5