article 5 the right to liberty and security

Question 1

what does article 5 state

Answer 1

everyone has the right to liberty and security and no one shall be deprived of his liberty

Question 2

when can article 5 be limited

Answer 2

in accordance with a procdeure prescribed by law

Question 3

what are the precribed by laws under sc 5,1

Answer 3

a. after conviction by a competant court (stafford v uk)
b. for non compliance with a court order (ostendorf v germany)
c. for the purpose of bringing the person before the competant authority on reasonable suspicion of having committed an offence (hicks v mpc)

Question 4

saadi v uk

Answer 4

the main aim of depriving of liberty is to prevent aubitrary detention
(anything illegal, disproportionate, unnecessary, or without reason)

Question 5

sc 2

Answer 5

everyone who is arrested shall be informed promptly in a language they understand of the reason for their arrest and charges

Question 6

sc3

Answer 6

everyone arrested or charged should be brought promptly before a judge
Brogan v uk
6 day wait is the maximum

Question 7

sc3 police bail

Answer 7

if not held in custody you are required to come back at some point
bail act 1976- everyone has the right to bail unless prosecution can prove substantial grounds for suspecting
1. they may obscond (fail to come to court)
2. commit further offences
3. interfere with witnesses

Question 8

sc4

Answer 8

everyone deprived is entitled to a speedy hearing before deciding lawfullness of detention
R v sos

Question 9

sc5

Answer 9

anyone deprived of their liberty in convention of this article has the right to compensation

Question 10

Deprivation

Answer 10

A person must be deprived not restricted
Guzzardi v Italy

Question 11

Deprivation during a protest

Answer 11

Austin v uk- kettling was not a deprivation
Moses v uk- taking photos of protestors was a deprivation

Question 12

Deprivation whilst in care

Answer 12

Cheshire west v p- under continuous supervision and not free to leave