Article 5 ECHR

Article 5 ECHR states:

everyone has the right to liberty and security.

When can someone be deprived of their liberty?

when its for one of the lawful reasons set out in Article 5 (1)(a-f)

Explain the reasons for deprivation (a-f)

a) after conviction

b) non compliance with a lawful obligation

c) reasonable suspicion of having committed an offence

d) educational supervision

e) prevention of spreading infectious diseases. Persons of unsound mind

f) detention to prevent those unlawfully entering the country

Article 5 (2)

a person should be informed promptly and in a language they understand, of any arrest (Taylor)

Article 5 (3)

you must be brought promptly before a judge and you're entitled to a trial within reasonable time (Brogan)

• remand time is 182 days

Article 5 (4)

If you have the right to challenge deprivation of liberty speedily in court.

Article 5 (5)

entitled to compensation

detention is allowed under a….

TPIM

What are the condition of a TPIM?

1. No longer than 2 years (but can be extended)

2. Can include tagging and overnight residence requirement

3. restrictions on who you meet and where you go

4. restrict foreign travel.

Detention is allowed if a person is in care. What does Winterwerp state?

1. Must be medically recognised mental condition established by an expert

2. Sufficient to justify detention

3. Should be reviewed regulary

4. Only last for the duration of the disorder.

   Section 7 Mental Health act 1983

What is the acid test?

• From Lady Hale in Cheshire West.

  “is the person under continous supervision and control and not free to leave?”

Deprivation depends on the circumstances and….

is a matter of “degree and intensity”

Explain the conditions of Kettling

• Last resort when violence is imminent

• Proportionate and necessary

• Enforced for no longer than is necessary (Austen)