ABSTRACT

DEPRIVATION OF LIBERTY Guzzardi v Italy (1981) Compulsory residence order on Mafioso contravened Art 5 Secretary of State for the Home Department v JJ (2007) Curfew amounting to solitary confinement unjustified

BREACH OF THE PEACE Steel v UK (1998) The offence is sufficiently precise to conform to the Convention

DETENTION AFTER CONVICTION Minister Secretary of State for Justice v Walker (2008) Offending behaviour programme was necessary

DETENTION WITHOUT CHARGE Austin v Met Police Comr (2009) Detention during demo did not contravene Art 5

COURT MARTIAL Hood v UK (2000) Court martial procedures violated Art 5

UNAVAILABILITY OF BAIL Caballero v UK (2000) No possibility of bail contravened Art 5

SPEEDY RESOLUTION HL v UK (2005) Unlawful detention of autistic person breached Art 5(4)

GUANTANAMO R (Abbassi) v Foreign Secretary (2002) No judicial review to force confrontation with USA

Article 5

1. Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law. [The exceptions are lawful detention after conviction, for non-compliance with a court order, or to bring an offender before the court; detention of minors for educational supervision, prevention or addressing various medical conditions, and to prevent entry or assist deportation or extradition.]

2. Everyone who is arrested shall be informed promptly, in a language which he understands, of the reason for his arrest and of any charge against him.