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Flashcards in Article 5 Deck (18)
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1

Russian interior depart of transport had name on surveillance. He got off a train and detained and threatened.
5(1)c cannot detain people as perceived dangerous.

Shimovolos v Russia

2

10 year old told being arrested for violent disorder

Taylor v chief const of Thames valley

3

Conviction of Robbery quashed PACE rules broken as told mother of arrest and denied solicitor

R vsamuel

4

Article 5 not violated when suspects detained for 6 days without charge

Brogan vUK

5

HoL rules indefinite detention of foreign terror suspects without trial unlawful bought in prevention of terrorism act and control orders

The belmarsh case

6

Mafia member held without trial on an island couldn't practice faith or work or have family with him

Guzzardi v Italy


Guzzardi principle

7

Deprived of liberty under article 5 18hr curfew, restricted visits, confined to a restricted area for 6 hrs

Sec of state for home department v jj

8

Curfew in own home, living with wife and family no deprivation

Secretary of State for the home department v E

9

Person can be deprived even if not behind a locked door or other physical barrier and even though he may be allowed extensive social and other contact with the outside world.

Austin v commissioner for metropolis

10

Breach of the peace is defined when harm is done or likely to be done to a person, in his presence, to his property or a person is in fear of being harmed through assault, afray, riot, unlawful assembly or other disturbance

R v Howell

11

Police stood in line across exists from Oxford Circus station

Austin v commissioner for metropolis

12

G20 protestors ?? Unlawful kettling

R(Moos) v commissioner for metropolis

13

Kettles and asked for personal details and filmed by police

Mengesha v commissioner for metropolis

14

Lady failed to show a valid bus ticket ID gave false name, was searched under s 60

R(Roberts) v commissioner for metropolis

15

Protested against arms fair stopped and search. HoL applied Guzzardi principle no brief search was brief no handcuffs or detention

R( Gillan) v commissioner for metropolis

16

Man with learning disabilities taken from mother and put in a baby gyro

Cheshire west case

17

Two sisters with learning disabilities both restricted / restrained

P and Q v Surrey county council

18

Suffered a stroke and short term memory loss wanted to move back home but wasn't allowed

JE vDE