Human Rights Article 5 ECHR

Article 5 - the right to liberty and security

This article aims to provide protection for the individuals who have been deprived of their liberty.
The right is limited as the state can put some restrictions in some circumstances.
The state provides a positive obligation to make sure the rights of the individuals are protected.

There are also negative obligations on the state to not interfere with the rights and prevent the use of arbitrary powers.

Article 5 (1) states that everyone has a right to liberty and security and that no one shall be deprived of it. Art 5 (1), however, provides situations where the rights can be restricted by the state and would be considered as lawful, not the breach of Art 5. — Paragraphs a - f shows this.
(a) The detention is lawful if the individual is guilty of a convicted offence. (taylor v cc thames valley police)
(b) The individual can be detained or arrested if they don’t comply with the court orders.
(c) If there is a reasonable suspicion by the authorities that the offender has committed an offence, is going to or will commit in the future and flee, the arrest or detention is lawful.
(d) The detention of minors is lawful if it is for the purpose of educational supervision.
(e) The detention is lawful if it is used to prevent infectious diseases from spreading from a person of unsound minds.
(f) The detention is lawful if it stops illegal entry into the country.

Article 5 (1) states that the restrictions stated are in accordance with the procedure prescribed by the law.

PACE and Codes of Practice gives power to arrest and provides explanations on how to exercise the power and what to avoid.

Stop and search can also be used by the police which can help them check out their suspicions without having to arrest the individual. Law for this is found in s1 of PACE 1984 which ensures that the police must have reasonable grounds for suspecting a person.

Criminal Justice and Public Order Act 1994 - allow searches in different circumstances.

– S60 = Stop and searches may be carried out WITHOUT REASONABLE SUSPICION if an officer of inspector or above issues an order, which is only effective for a maximum of 24 hours. The order can only be issued if it is thought that there might be incidents involving serious violence in a local area, or that people are carrying weapons without good reason.

— Section 60AA = officer can ask for the removal of face disguises if ‘reasonably’ believes the person is wearing it to conceal their identity.

S44 Terrorism Act 2000 - must have reasonbale belief that terrorism will take place.

Cases

In Cheshire…