Summary
Summary Evaluation of Article 5 ECHR - OCR A-Level Law
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A spider diagram with evaluation points for each section of Article 5 of the European Convention of Human Rights including case examples
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Under Guzzardi vs Keeping someone inItaly, it is up to the care even for their
courts to decide if own good is
there’s been a deprivation under
deprivation but Cheshire West but
there is a lack of keeping people kettled Means that anyone arrested and
Procedure prescribed by law – guidance for 7 hours is not essentially deprived of their liberty
means proper procedures has to be given a reason and
need to be followed to understand this reason – this makes Relates to PACE in
deprive someone’s liberty – the law fairer. England which means
5(1) – right to liberty and security of
Samuel case (conviction necessary info must be
person except for in situations under
quashed after he was denied provided upon arrest
access to a solicitor. This subsections a to f and in accordance
5(2) – anyone arrested such as the officer’s
relates to laws under PACE) to with a procedure prescribed by name and station etc.
law should be promptly informed
Stop and searches and
in language they understand arrests can be unlawful
the reasons why and any if this doesn’t happen –
It means that if charges they face Osman vs DPP, R vs
the person has Bristol. It makes law
been unlawfully fairer as people can’t
detained, they 5(5) – victims shall
be arrested without
can receive have right to
compensation compensation Article 5 knowing why and
for the violation review
of their article 5
Lack of clarity –
there’s no
5(3) – anyone arrested should be definition given for
the word
brought promptly before a judge etc
‘promptly’ so this
Protects public since ECHR and is entitled to trial within can easily lead to
places positive obligation on reasonable time or release pending discrepancies /
the state to ensure that trial disagreements. For
everyone detained can 5(4) – shall be entitled to take example, McKay vs
challenge their detention in a proceedings by which lawfulness of UK said maximum
court that is able to order
detention shall be decided speedily by was 4 days
immediate release – makes it Promptly (if this does in fact mean as
easier to protect the rights of the court and release order if it is
quick as possible) means the case
unlawful will be dealt with quickly so the rights
of the public can be protected as well
Guidelines to lawful and as they possibly can be
‘Decided speedily’ again provides a
unlawful arrests under PACE
lack of clarity as there’s no real
allow these decisions to be
definition given for what the law
made much quicker and easier.
means by the use of the word
Furthermore, different types of
‘speedily’. This could cause confusions
detention have certain rules –
and inconsistencies
law applies to more specific
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