Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
17 Cards in this Set
- Front
- Back
- 3rd side (hint)
|
does Article 5(1)(e), give the right of drunk and diseased people to be detained?
|
this can be drunk person, it can be detention of person with infectious desease. however much show legitimate, proportional and necessary.
|
|
|
|
what is the criteria for (legal) detention under 5(1)
|
1. Should be suspected of an offence
2. Be informed of the charge 3. Prompt for a judge 4. The trial should be in a reasonable time |
there are 4 of them
|
|
|
is preventative detention allowed under 5? case mention case law
what is ment by proportionality of detention (mention case law |
may not be preventative (Guzzardi case). also may not be retroactive (stafford case) detention based on am indefinite conditioned basis is legal so long as periodic review is given
may not be disproportional (Vasileva case, bus ticket, nature of, characteristics of, and length of detention/person) |
|
|
|
what are the criteria for detention on grounds of mental illness?
|
Winterwerp case
1. medically unsound 2. to protect patient or others 3. justified on a continuing basis 5(4) 4. place of detention must suite their needs (ie hospital not prison) |
4 critera
|
|
|
what are the conditions for a lawful detention of ether alcoholics or persons with infectious diseases
|
alcholic is autonimous in definition
infectious disease (Enhorn v Sweden), 1. for the pourpose of prevention of spreading 2. measure of last resort 3. a less serve measure was not available -3.i. measure would not be sufficient for the public health and safety |
3 stages
|
|
|
what are the conditions for lawful detention in relation to asylum seekers.
ie why not release them on bail |
detention allowed, but must be done in good faith (ie presumed innocence)
Saadi case -must assess risk of deportation (regardless of how the person entered the country) |
|
|
|
what rights does a detained person hold under Article 5?
ie what obligations are the states required to give |
1. 5(3) brought promptly before court (brogen, within a few days)
2. brought to trail within good time, and assed for bail in the mean time 3. 5(4) right to judicial review (courts power to assess if there is reasonable suspicion) |
3 stages
|
|
|
what are the conditions of lawful detention?
[in general] |
must be ;
1. in accordance with domestic law 2. foreseeable and acceptable (quality of law) 3. must not be abitrary 4. Necessary, proportional |
4 stages
|
|
|
what is the definition of a criminal charge?
|
1. criminal under national law
2. punitive character 3. nature, degree and severity of penalty in relation to the alleged offence. |
|
|
|
What is the definition of a civil charge?
|
(not absolute)
1. right or obligation 2. exists under national law 3. civil in nature |
|
|
|
explain the right of access to court
|
1. access is inherent right -golder case- without it non of the other convention rights could be realised
2. may be limited where it pursues a legitimate aim 3. may include legal aid. 4. does not give right to challenge the substantive content of nation law |
4 stages
|
|
|
What is ment by independence and impartial court of law?
|
Subjective
-ie the personal conviction of judge or jury (sander case, Asian joke racist jury -suspition enough to dismiss) Puollitaival and Pirttiaho v Finland (judge was board member of pannel previously, no violationg) objective the external appearance or structure of court, or procedure |
don't forget the P case
|
|
|
can court access be limited? if so give a case example,
|
A v United Kingdom, parliamentary immunity (MP statement)
must be legimate and proportional |
|
|
|
what is the scope and extent of an effective remedy
|
wide scope article 13,
must show incompatibility , no immunity effective in practice (not theory), enforceable, must be of reasonable standard, |
|
|
|
effective remedy and custody?
|
this means the justification of person remaining in, was the length necessary or prolonged?
|
|
|
|
what is the counter weight to deprivation of liberty?
|
Article 5 ECHR, balanced with protocol 4, article 2 freedom of movement
|
|
|
|
what is the relationship of effective remedies and exhaustion of local remedies?
|
1. where there is a remedy to suit the applicants complaint he must seek redress through the domestic courts (exhaust domestic remedies)
2. where there is not, the applicant may apply directly to the court. |
2 stages
|
