A5 liberty

What is the definition of deprivation of liberty as stated in Storck v Germany

The objective element of a person’s confinement to a certain limited place for a not negligible length of time

Lack of consent

The state is responsible for the confinement

What is considered when deciding if a restriction is a deprivation & what case is this shown in

Guzzardi v Italy

Courts will look at the degree or intensity

To do this they consider the type, duration, effects of & manner in which the restriction is implemented

Case example for social isolation

Amuur v France - although they were in theory free to leave, they had nowhere else to go - deprivation

What is kettling

The practice of confining groups of protestors into a small area often without food, water, shelter, or toilet facilities in order to prevent violence

Case example for kettling & point of law

Austin v UK - kettling was not a deprivation of liberty

Factors to consider whether kettling is a deprivation include whether the threat is imminent & whether the police have exhausted all alternative options

What is the acid test (In the circumstances of the case) & what case is this shown in

Cheshire West & Chester CC v P

The acid test in circumstances where a person has not consented to their living arrangement is whether the person is both

1. Not free to leave

2. Under continuous supervision & control

If so there i a deprivation of liberty

In what circumstances can there not be a deprivation of liberty

Lawful arrest or detention when:

• In order to bring him before court

• For breach of court

• To prevent the spread of disease

• Prevent unauthorised entry to the country

Detention of a minor or a lawful order for educational suspervision

What procedures can lead to deprivation

• stop & search

• Arrest

• Detention

• Bail

(Basically everything in police powers flashcards)

What is permitted in A5(1)A & case example

Permits a deprivation of liberty through detention following a conviction by contempt of court

Van Droogenbroeck v Belgium

What is permitted in A5(1)B & case example

Permits deprivation of liberty through arrest or detention for breach of court order or legal obligation

Perks v UK

What is permitted in A5(1)C & case example

Permits a deprivation of liberty through arrest or detention to bring him to court on suspicion of/to prevent offending/flight

Steel v UK

What is permitted in A5(1)D & case example

Permits deprivation of liberty through detention of a minor by lawful order for educational supervision or to bing him before court

Bouamar v Belgium

What is permitted in A5(1)E & case example (&point of law)

Permits deprivation of liberty through detention to prevent the spread of disease, of persons of unsound mind, drug addicts, vagrants

Winterwerp v Netherlands - must have a mental disorder to be unsound of mind

What is permitted in A5(1)F & case example

Permits deprivation of liberty through arrest or detention to prevent unauthorised entry to the country or for deportation/extradition

Bozano v France

What is stated under A5(2)

Everyone arrested shall be informed promptly, in a language he understands, of the reasons for his arrest and of any charges

What is stated under A5(3)

Everyone arrested or detained under A5 shall be brought promptly before a judge & shall be entitled to trial within a reasonable time, or release pending trial