article 5 Flashcards
(48 cards)
what is this right for
Right to Liberty and Security
what type of right is this
limited
what does this mean
can be restricted in certain situations
what are these certain situations
Arrest, detention or stop and search on suspicion of having committed an offence.
Imprisonment following conviction
Hospital orders
Crowd control situations
what case backs this
Austin v Commissioner of Police of the Metropolis (2009)
what are the 3 requirements of article 5
Deprivation of liberty
Which does not fall within the exceptions
And does not come under a lawful procedure
what are the 6 valid restrictions for deprivation of liberty
A) Lawful detention after conviction by a competent court- guilty, sent to prison. Police and court powers.
B) Lawful arrest or detention for non-compliance with an order made by court- if you’ve had an injunction, fine or bail that you haven’t complied to.
C) Lawful arrest pr detention with reasonable suspicion of having committed an offence- police arresting as they’re suspected of being guilty of an offence
D) Detention of a minor foe educational supervision- can also include parents teaching life skills
E) Lawful detention to prevent infectious diseases, or people of unsound mind- like covid or people in psychiatric hospitals
F) Lawful arrest or detention to prevent unauthorized entry to a country or prior to deportation- not legally allowed in country
what does deprivation of liberty mean
physical freedom
what case backs this
Engel v Netherlands 1979
what case tells us its based upon the ‘degree and intensity’ of the restrictions, based on the type, duration and effects
Guzzardi v Italy 1981
what case tells us its whether the individual is ‘under continuous supervision and control and not free to leave’
Not based on the level of comfort in living conditions
Cheshire West v P 2014
concept of deprivation meaning
So – if someone if going to be kept under continuous supervision and control and is not free to leave, this needs to be authorized in a procedure prescribed by law.
case example of this
HL v UK 2005, HM v Switzerland 2004
whichever gng
ur doing great xx
what type of detention is not allowed
indefinate
what case tells us this
A and Others v UK 2009 (without charge)
what case tells us you cant be locked up indefinitely without a charge
James v UK 2012
what are the 3 exceptional situations
kettling
Use of Control Orders and TPIM’s
care situations
kettling case
Austin v UK (2012)
control orders case
Allows home secretary and control activities of a person suspected of involvement in terrorism
what is TPIM
(“Terrorism Prevention and Investigation Orders”) replaced these in 2012
Used against people who are suspected of being involved in terrorism, but who can’t be charged, prosecuted or deported
case example
Sec of State for Home Dept v JJ (2007)
care situations case
Cheshire Council v P (2014)
why may there be a deprivation of liberty here
if in a care facility
Lady Hale in Supreme Court held he was ‘under continuous supervision and control and was not free to leave’, and was therefore deprived of his liberty as he was not in a position to consent to these arrangements for care.
(a) lawful detention after conviction by a competent court cases (2)
case 1-Stafford v UK (2002)
case 2- Engel v Netherlands 1976
