Article 5.1
1) Everyone has the right to liberty and security of person.
2) No one shall be deprived of liberty except in regards to A5.1.
What does ‘security of person’ mean?
Their physical and emotional self and their right to not be interfered with
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It’s important to consider whether there was a ‘deprivation of liberty’ or just a ‘restriction of movement’: why?
‘A restriction of movement’ isn’t unlawful under A5
A5.1A, A5.1B, A5.1c
Justified exceptions
1) Detention after conviction
2) Non-compliance with court orders
3) Suspected of crime
A5.1A - What three sentences can detention after conviction lead to?
1) Mandatory life sentence
2) Discretionary life sentence
3) Maximum sentences
A5.1b - You can be detained or arrested for not complying with a court order, what else?
Arrested or detained to secure the fulfilment of any obligation prescribed by law (to preserve peace)
What does A5.1c state?
Lawful arrest or detention of a suspect who is about to, or is in the process of, or has committed an offence to prevent the completion of the offence and the suspect escaping
Article 5.2
Those arrested must be informed promptly, in a language they understand, the reasons for their arrest and any charge against them.
What’s useful to look at when discussing A5.2?
PACE 1984 - Arrest procedures in detail
Article 5.3
An arrested or detained person, in accordance with s1(c), shall be brought promptly before a judge and shall be entitled to a trial within a reasonable time or to release pending (awaiting) trial.
How long can an arrested person be deprived of their liberty of without a charge?
24 hours - 36 in serious cases - 14 days for suspected terrorists
Bail Act 1976
The accused is allowed to leave police custody until attendance at court is required. The bail should be granted unless there is sufficient reason not to.
Article 5.4
Those deprived of his liberty by arrest or detention are entitled to take proceedings by which the lawfulness of his detention shall be decided speedily by a court and his release ordered if the detention is not lawful.
Article 5.5
Everyone who has been the victim of arrest or detention in contravention of the provisions of this article shall have an enforceable right to compensation
Does someone who is lawfully arrested but found not guilty have a right to compensation?
Nope
Positive obligation of state
1) To ensure all members have A5 protection
2) To take steps to ensure others do not deprive individuals of their liberty
Negative obligation of state
They must not deprive individuals of liberty
Measures taken by the state must not be…
1) Vague
2) Unpredictable
3) unclear
What must an offender be able to reasonably foresee?
What action may be taken by the state and if any detention may happen
Magna Carta and Habeas Corpus Act 1679
The state can only interfere with individual liberty when necessary to protect legitimate interests (eg… police during protests).
Indeterminate prison sentences
These have no fixed release date. They are typically given to protect against threats to the public.
What’s the problem with indeterminate prison sentences?
1) They aren’t authorized by a judge, there are extremely limited options for review.
2) People with serious mental health problems risk being held for very long periods of time.
