Article 5

• Article 5

  Right to liberty and Security
• Deprivation of liberty

  • Guzzardi v Italy case established the acid test
• Acid test- They are subject to continuous supervision and are not free to leave
• Situations where deprivation of liberty is allowed in Article 5(1)


  • Detention after Court Conviction
  • Arrest on demand
  • Failing to observe a lawful Court Order
  • Detention of Children by lawful order
  • Prevent Spread of infectious diseases/mental disorder
  • Prevent unauthorised entry for deportation or extradition
• Article 5(2)

  Everyone who is arrested shall be informed promptly, in a language which he or she understands
• Rights under Article 5(3)

  • Right to be brought promptly before a judge
  • Right to be released on bail
  • Right to trial within a reasonable time
• Situations covered under Article 5(4)

  • Allowed access to Court
  • Lawfulness of detention
  • Mental health Cases
  • Determinate Sentence
  • Indeterminate Sentence
• Article 5(5)


  Everyone has the right to Compensation if detained unlawfully

  Stop and search

  Arrest

  Detention

  TPIMS