Article 5 Cases

Question 1

HM v Switzerland

Answer 1

Deprivation of liberty depends on the circumstances of the case and must account for various factors. E.g… Type, duration, effects, manner of implementation

Question 2

Justified exceptions to A5.1 - Name the cases

Answer 2

1) Stafford v UK
2) Austin v UK
3) Shimovolos v Russia

Question 3

Stafford v UK

Answer 3

An action taken by the state will be considered arbitrary and therefore in breach of A5.1a if there is no link between the detention and the reason for it.

Question 4

Austin v UK

Answer 4

1) No breach of A5.1(b) if the police acted in good faith (to protect people from harm) and if their actions were proportionate to the situation.
2) Any measures taken to protect people from harm should be enforced for no longer than necessary.

Question 5

Shimovolos v Russia

Answer 5

A5.1c is breached if an individual is arbitrarily arrested (without good cause)

Question 6

HL v UK

Answer 6

To be detained for mental health reasons, there must be clear safeguards and rules.

Question 7

Ostendorf v Germany

Answer 7

A breach of 5.1B bc he was given a lawful order that was not followed.

Question 8

Kasparov v Russia

Answer 8

To deprive someone of their liberty, you must provide evidence that D has committed the offence, or reasonable suspicion to believe so.

Question 9

R (Hicks) v Commissioner of Police for metropolis 2017

Answer 9

Arresting to prevent a breach of peace is legal as long as the lawfulness can be subsequently challenged and decided by a court.