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Article 5 (Arrest (under s.24 and 28 of PACE and amended by s.110 of SOCPA…
Article 5
Arrest
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s.24 arrest if police have
- reasonable suspicion that an offence has been committed, is being committed or will be committed
- and if arrest is necessary
RS- objective factors e.g intelligence, behaviour
N- s.24(5)- arrest is necessary in order to investigate the alleged crime e.g cannot identify name or adress
S.28 lays down that the suspect must be
- told why they are being arrested
- told the reasons/ the grounds for the arrest
- be cautioned (s.34 CJPOA 1994)
- Richardson v CC of West Midlands
Arrest for breach of the peace
Code C
- have the right to legal advice (s.58 PACE)
- inform someone of the arrest (s.56)
- right to consult the right of practice
can be suspended for up to 36 hours if suspect has committed an indictable offence or where authorising officer believes it may lead to the interference of evidence or perverting the cause of justice
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Article 5(1)
restrictions- no one should be deprived of his liberty except in the following circumstances (Shimovolos v Russia)
a) detention after conviction by court
b) lawful arrest or detention for non-compliance with a court order
c) lawful arrest or detention on reasonable suspicion of committing an offence
d) detention of children by lawful order for educational supervision
e) detention to prevent the spread of infectious diseases or on mental health grounds
f) arrest or detention to prevent unauthorised entry into the country
Article 5(2)
- reasons must be given for the detention
- in a language that they understand
- (Christie v Leachinsky)
- Governed by PACE 1984
Article 5(3)
- must be brought promptly before a judge
- within a reasonable time
- granted bail under Bail Act 1976
- Brogan v UK
Article 5(4)
- Access to court
- must be speedily decided
- R v SOS for Home Department ex parte Noorkoiv
Article 5(5)
- victims of unlawful detention are entitled to compensation
Detention
- first review after 6 hours
- second review after 15 hours
- then every 9 hours
- must be charged and released within 24 hours
- 36 hours if authorised by superintendent
- 96 if authorised by a magistrate
- 14 days for terrorism
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There is a difference between restriction and deprivation which is a question of degree and tolerance, not the nature and substance (Guzzardi v Italy)
The measures should be in good faith, proportionate and for no longer than necessary (Austin)