Summary
Summary - Human Rights Law (OCR A Level)
- Module
- Human Rights Law
- Institution
- OCR
Summary sheets with condensed information for Article 5, 6 and 8.
[Show more]
Seller
Follow
Content preview
Article 5- Right to liberty & security: ‘everyone has the right to security of person,
no one shall be deprived of his liberty except in accordance with a procedure prescribed in
law’.
- Liberty: Engel v Netherlands - means in the physical sense of not being directly
physically controlled by another.
> Cheshire Test (person’s liberty been deprived): the person claiming
their A5 rights have been breached will have to prove that they were ‘under continuous
supervision & control & not free to leave’.
- Deprivation: Guzzardi gives us the meaning - the courts must look at the 'degree &
intensity' of the restrictions imposed on the person (Shimovolos and Re DE).
- Qualified right: means it can be restricted - any restriction must be
proportionate.
> any restrictive measures must be necessary, as a last resort & 'specific & concrete' not
based on vague grounds.
> When they can be:
- Following conviction
- Following arrest
- Detention of a minor for educational purposes
- To prevent the spread of infectious diseases
- To deport or extradite
- For mental health, drug/alcohol reason
- Article 5(2): a person must be told in a language they understand the reason for
their arrest, detention & charge.
- Article 5(3): that you have the right to be brought/reviewed promptly (Brogan’s
case) before a judicial officer. Must also be regularly reviewed.
> Independent judicial officer: the officer deciding whether the detention is
lawful must not have been involved in the investigation.
> Presumption of bail unless reasonable grounds to believe that
if released the suspect would: fail to surrender, commit an offence, interfere
with witnesses or obstruct the course of justice.
> Tried within reasonable time (court appearance 28 days from
date of charge).
, - Article 5(4): a person can challenge the lawfulness of the detention.
> will also apply to those arrested & detained under mental health legislation.
- Challenges:
> those challenging deportation, extradition, or asylum application – Immigration Appeal
Tribunal
> if arrested – at first court hearing (Magistrates Court)
> if detained under mental health legislation – Mental Health Tribunal
- can apply Cheshire Test: were they under 'constant supervision & not entitled
to leave'?
> Lady Hale's comments in the case: people with mental incapacity have the same right to
liberty as everyone else (P & Q v Surrey CC).
> if sentenced following conviction – Parole Board
- Parole Board: offender can apply to the Parole Board for release on licence.
> also set licence conditions where a person has been released early (Stafford and James).
- Terrorism: control orders – placed restrictions on people accused of
terrorism (e.g. tagging) but replaced.
> TPIM’s (2012): by the Home Secretary & controls residence, movement & activities (2
years).
> Stop and search: stop & search with no suspicion only in exceptional
circumstances (14 days)
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller ameliataylor350. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for £5.86. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
62799 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy revision notes and other study material for 14 years now