article 5

• right to liberty and security
• right to not be arbitrarily detained by the state
• magna carta 1215 and habeas corpus - person detained to appear in court
• 5(1) everyone has right to liberty and security of person, nobody shall be deprived from liberty apart from subsections a-f
• a - after court conviction
• b - non compliance with lawful order
• c - arrest
• d - detention of a minor for education supervision or to bring before legal authority
• e - prevention of spreading diseases, unsound mind, alcoholics, drug addicts or vagrants
• f - prevent unlawful entry into a country, deport/extradite
• 5(1) deprivation based on degree or intensity (guzzardi v italy)
• 5(1) protests - measures must be proportionate (austin and ors v uk)
• 5(1) protests - kettling should be used as last resort (r v met police)
• 5(1) protests - cannot keep details from kettle (mengesha v met police)
• 5(1) care - mental incapacity have same right to liberty as everybody else (chesire west)
• 5(1) care - deprivation likely if not free to leave (je v de and surrey)
• 5(1) care - deprivation supreme court test 'is patient under continuous supervision and not entitled to leave' (p and q v surrey)
• 5(1) mental disorder - recognised medical condition by expert, justify detention, duration the disorder exists, appropriate institution, periodically reviewed (winterwerp v netherlands)
• 5(1) s60 criminal justice and public order act 1994 - being kept waiting is not deprivation of liberty (roberts v met police)
• 5(1) powers under s44 terrorism act 2000 - must be a reasonable belief act of terrorism will take place (gillan and quinton v uk)
• 5(1) powers under s44 terrorism act 2000 - if rules of stop and search not followed, not in accordance with law (osman v dpp)
• 5(1) indeterminate sentences compatible with a5 (stafford v uk)
• 5(1) cannot be used arbitrarily to arrest people who authorities think may offend (shimovolos v russia)
• 5(2) everyone arrested shall be informed promptly in a language they understand of reasons for their arrest and any charges
• 5(2) failure to give reasons for arrest may amount to false imprisonment (christie v leachinsky)
• 5(2) a delay of a few hours has been held as prompt (fox)
• 5(2) right to a duty solicitor (r v samuel)
• 5(3) arrested or detained be brought promptly before a judge or officer authorised by law, entitled to a trial within reasonable time or to release pending trial
• 5(3) 4 days and 6 hours is too long (brogan v uk)
• 5(3) 4 hours is the maximum time (mckay v uk)
• 5(4) lawfulness of detention decided speedily by court
• 5(4) what is considered speedily depends on case (r v noorkoiv)
• detention at police station - reviewed periodically - review, records
• 5(5) victims of arrest or detention has right to compensation
• 5(1) terrorists - detaining foreign suspects without charge or trial is unlawful, home sec powers gave unlimited restrictions to suspected terrorists 2012 - TPIMS (a and others v uk)
• TPIMS - electronic tagging overnight residence equipment, internet with restrictions where they go and meet, foreign travel bans, limited 2 years extended with evidence
• 5(1) terrorists - must be reasonable belief act of terrorism will take place (gillan and quinton v uk)