article 5

• article 5 - right to liberty and security
• article 5 is a limited right - state can derogate under subsections a-f
• a - lawful detention of a person convicted
• b - lawful arest of a person for non complaince
• c - lawful arrest of a person for the purpose of bringing before a court
• d - detention of a minor by lawful order for the purpose of educational supervision
• e - control of infectious diseases
• f - lawful arest of a person to prevent entry into a country
• other times it can derogate comes from subsections 2-5
• 5(2) everyoen arrested should be informed promptly of reasons for arrest
• 5(3) everone detained should be brought prompltly before a judge
• 5(4) everyone deprived of liberty is entitled to have lawfulness of detention decided speedily
• 5(5) everyone who has been the victim of arrest has rights to compensation
• shimovolos v russia - a5 cannot be used arbitarily
• mckay v uk - 4 days is max you can hold for
• brogan v uk - 4 days and 6 hours is too long
• guzzardi v italy - deprivation is a matter of degree and intensity
• stafford v uk - indeterminiate sentences are incompatible with a5
• austin + ors v uk - measures must be proportionate
• winterwerp v netherlands - detention can be justified - medical condition - appropriate duration - appropriate institution - periodically reviewed
• a + others v uk - unlawful to detain terror suspects without charge
• gillian + quinton v uk - random stop and search is unlawful
• r v samuel - right to a solicitor
• r v moos v met police - kettling should be used as a last resort
• mengesh v met police - cannot keep details of kettling
• cheshire west v p - those in continuous care have same rights
• p + q v surrey - test for deprivation
• roberts v met police - making someone wait is not deprivation