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Flashcards in Article 5 Deck (18)
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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


10 year old told being arrested for violent disorder

Taylor v chief const of Thames valley


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

R vsamuel


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

Brogan vUK


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

The belmarsh case


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

Guzzardi v Italy

Guzzardi principle


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


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

Secretary of State for the home department v E


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


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


Police stood in line across exists from Oxford Circus station

Austin v commissioner for metropolis


G20 protestors ?? Unlawful kettling

R(Moos) v commissioner for metropolis


Kettles and asked for personal details and filmed by police

Mengesha v commissioner for metropolis


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

R(Roberts) v commissioner for metropolis


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


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

Cheshire west case


Two sisters with learning disabilities both restricted / restrained

P and Q v Surrey county council


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