Article 5

• What is Article 5?

  The right to liberty and security of the person
• What interferences to a right to liberty under Article 5 cover?

  Stop and search

  Arrest

  "Kettling"

  Detention by the police
• Which case tells us the definition of a deprivation of liberty?

  Storck
• According to Storck, what is a deprivation of liberty defined as?

  1. Person detained for a period of time
  2. Person detained doesn't consent
  3. Reason set by state
• According to Guzzardi, what will a court look at when considering whether the restriction is serious enough to be a deprivation of liberty?

  Degree or intensity of confinement
• What case tells us that the court will look at the degree or intensity of confinement when considering a deprivation of liberty?

  Guzzardi
• According to Article 5(1)(a), when might someone be deprived of their liberty?

  Lawful detention after conviction
• According to Article 5(1)(b), when might someone be deprived of their liberty?

  Lawful arrest/detention for breach of court order/legal obligation
• According to Article 5(1)(c), when might someone be deprived of their liberty?

  Lawful arrest/detention to bring him before court on suspicion of/to prevent offending/flight risk
• According to Article 5(1)(d), when might someone be deprived of their liberty?

  Detention of a minor by lawful order for educational supervision/bring before court
• According to Article 5(1)(e), when might someone be deprived of their liberty?

  Lawful detention to prevent spread of disease/persons of unsound mind/drug addicts
• According to Article 5(1)(f), when might someone be deprived of their liberty?

  Lawful arrest/detention to prevent unauthorised entry to country/deportation
• What is Article 5 defined as?

  Everyone has the right to liberty and security of person and no one shall be deprived of his liberty - in accordance with a procedure prescribed by law
• What must the deprivation of liberty do to be lawful?

  Conform with domestic law
• Whether or not the deprivation of liberty conforms with domestic law is a question for the state
• According to Article 5(2), what is required to justify deprivation of liberty?

  Informed promptly, in a language he understands, the reasons for the arrest/charges against him
• According to Article 5(3), what is required to justify deprivation of liberty?

  Brought promptly before a judge, in reasonable time
• According to Article 5(4), what is required to justify deprivation of liberty?

  Lawfulness decided speedily
• According to Article 5(5), what is required to justify deprivation of liberty?

  Enforceable right to compensation
• Where is the right to compensation for an unlawful detention found?

  Article 5(5)