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Flashcard 1349291478284

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#co-ownership #land #law

Question

explicitly stated under Insolvancy Act 1986 [Statute] that after one year, the interests of the creditors will prevail apart from where there are “exceptional circumstances”.

Answer

s.335A(3)

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explicitly stated under s.335A(3) that after one year, the interests of the creditors will prevail apart from where there are “exceptional circumstances”.

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Flashcard 1361627188492

Tags

#freedom-of-person #human-rights #public

Question

Article 6 of the ECHR can also be violated when there is a breach of the positive obligation on a Convention state to ensure, as far as possible, fair legal process. This was the issue in the highly contentious case of [...], (involving the individual also known as Abu Qatada).

Answer

Othman v UK (2012) 55 EHRR 1

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/head>Article 6 of the ECHR can also be violated when there is a breach of the positive obligation on a Convention state to ensure, as far as possible, fair legal process. This was the issue in the highly contentious case of Othman v UK (2012) 55 EHRR 1, (involving the individual also known as Abu Qatada).<html>

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Flashcard 1361651567884

Tags

#freedom-of-person #human-rights #public

Question

A defendant’s silence could be taken into account where there was other strong evidence against him

Answer

Murray (John) v UK

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In Murray, the ECtHR acknowledged the importance of the right to silence to a fair criminal process as protected through the ECHR, art 6, but it also accepted that the right is not absolute. A defendant’s silence could be taken into account where there was other strong evidence against him, as there was against Murray. Where the court did find for Murray was in its conclusion that the ECHR, art 6(1) read with art 6(3)(c) had been violated because of the denial of access

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Flashcard 1361655500044

Tags

#freedom-of-person #human-rights #public

Question

Criminal Justice and Public Order Act 1994, ss [...]: a person who, at trial, wishes to rely on any fact or material piece of evidence which he failed to mention to the police during questioning, runs the risk that the trial court will draw adverse inferences from their earlier silence.

Answer

34-37

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Criminal Justice and Public Order Act 1994, ss 34-37: a person who, at trial, wishes to rely on any fact or material piece of evidence which he failed to mention to the police during questioning, runs the risk that the trial court will dr

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Flashcard 1361657072908

Tags

#freedom-of-person #human-rights #public

Question

Criminal Justice and Public Order Act [Year?], ss 34-37: a person who, at trial, wishes to rely on any fact or material piece of evidence which he failed to mention to the police during questioning, runs the risk that the trial court will draw adverse inferences from their earlier silence.

Answer

1994

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Flashcard 1361659432204

Tags

#freedom-of-person #human-rights #public

Question

[statute] 1994, ss 34-37: a person who, at trial, wishes to rely on any fact or material piece of evidence which he failed to mention to the police during questioning, runs the risk that the trial court will draw adverse inferences from their earlier silence.

Answer

Criminal Justice and Public Order Act

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Flashcard 1361661791500

Tags

#freedom-of-person #human-rights #public

Question

[...]: a person who, at trial, wishes to rely on any fact or material piece of evidence which he failed to mention to the police during questioning, runs the risk that the trial court will draw adverse inferences from their earlier silence.

Answer

Criminal Justice and Public Order Act 1994, ss 34-37

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Flashcard 1361665461516

Tags

#freedom-of-person #human-rights #public

Question

presumption of innocence protected under the ECHR, art [...].

Answer

6(2)

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presumption of innocence protected under the ECHR, art 6(2).

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Flashcard 1361667034380

Tags

#freedom-of-person #human-rights #public

Question

[...] protected under the ECHR, art 6(2).

Answer

presumption of innocence

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presumption of innocence protected under the ECHR, art 6(2).

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Flashcard 1361676471564

Tags

#freedom-of-person #human-rights #public

Question

under the PACE 1984, access to legal advice may be delayed for up to [...] where the person is detained for an indictable offence and an officer ranked superintendent or above authorises it (PACE 1984, s 58(6)).

Answer

36 hours

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under the PACE 1984, access to legal advice may be delayed for up to 36 hours where the person is detained for an indictable offence and an officer ranked superintendent or above authorises it (PACE 1984, s 58(6)).

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Flashcard 1361678044428

Tags

#freedom-of-person #human-rights #public

Question

under the PACE 1984, access to legal advice may be delayed for up to 36 hours where [...] (PACE 1984, s 58(6)).

Answer

the person is detained for an indictable offence and an officer ranked superintendent or above authorises it

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Flashcard 1361679617292

Tags

#freedom-of-person #human-rights #public

Question

under the PACE 1984, access to legal advice may be delayed for up to 36 hours where the person is detained for an indictable offence and an officer ranked superintendent or above authorises it (PACE 1984, s [...]).

Answer

58(6)

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html>under the PACE 1984, access to legal advice may be delayed for up to 36 hours where the person is detained for an indictable offence and an officer ranked superintendent or above authorises it (PACE 1984, s 58(6)).<html>

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Flashcard 1361681190156

Tags

#freedom-of-person #human-rights #public

Question

access to legal advice may be delayed for up to 36 hours where the person is detained for an indictable offence and an officer ranked superintendent or above authorises it (PACE [year], s 58(6)).

Answer

1984

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Flashcard 1361683549452

Tags

#freedom-of-person #human-rights #public

Question

Access to legal advice may be delayed for up to 36 hours where the person is detained for an indictable offence and an officer ranked superintendent or above authorises it ([Statute]).

Answer

PACE 1984, s 58(6)

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Flashcard 1361686170892

Tags

#freedom-of-person #human-rights #public

Question

Under the Terrorism Act 2000, Schedule 8, where a person has been detained under the Act, an officer of the rank of superintendent or above may also delay access to legal advice for up to [...] (paragraph 8).

Answer

48 hours

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Under the Terrorism Act 2000, Schedule 8, where a person has been detained under the Act, an officer of the rank of superintendent or above may also delay access to legal advice for up to 48 hours (paragraph 8).

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Flashcard 1361687743756

Tags

#freedom-of-person #human-rights #public

Question

Answer

paragraph 8

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Flashcard 1361689316620

Tags

#freedom-of-person #human-rights #public

Question

Under the Terrorism Act [year], Schedule 8, where a person has been detained under the Act, an officer of the rank of superintendent or above may also delay access to legal advice for up to 48 hours (paragraph 8).

Answer

2000

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Flashcard 1361691675916

Tags

#freedom-of-person #human-rights #public

Question

Under the [statute] 2000, Schedule 8, where a person has been detained under the Act, an officer of the rank of superintendent or above may also delay access to legal advice for up to 48 hours (paragraph 8).

Answer

Terrorism Act

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Flashcard 1361694035212

Tags

#freedom-of-person #human-rights #public

Question

Under the Terrorism Act 2000, Schedule 8, where a person has been detained under the Act, [who] may also delay access to legal advice for up to 48 hours (paragraph 8).

Answer

an officer of the rank of superintendent or above

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Flashcard 1361696394508

Tags

#freedom-of-person #human-rights #public

Question

Under the Terrorism Act 2000, Schedule [...], where a person has been detained under the Act, an officer of the rank of superintendent or above may also delay access to legal advice for up to 48 hours (paragraph 8).

Answer

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Flashcard 1361699540236

Tags

#freedom-of-person #human-rights #public

Question

Under the [...], where a person has been detained under the Act, an officer of the rank of superintendent or above may also delay access to legal advice for up to 48 hours (paragraph 8).

Answer

Terrorism Act 2000, Schedule 8

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Flashcard 1361718938892

Tags

#freedom-of-person #human-rights #public

Question

In [case] the delay, for a 14-year-old, between the date of charge and the date of trial was 27 months. The Privy Council stated that the protection afforded by the ECHR, art 6(1) may be regarded as demanding a standard of performance by the prosecutor which is more exacting than that set by common law, as it does not require the person charged to demonstrate prejudice.

Answer

HM Advocate v JK [2002]

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In HM Advocate v JK [2002] UKPC D1, 29, the delay, for a 14-year-old, between the date of charge and the date of trial was 27 months. The Privy Council stated that the protection afforded by the ECHR, art 6(1) may be regar

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Flashcard 1361722346764

Tags

#freedom-of-person #human-rights #public

Question

ECHR Article [...] entitles everyone to a fair and public hearing within a reasonable time.

Answer

6(1)

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ECHR Article 6(1) entitles everyone to a fair and public hearing within a reasonable time.

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Flashcard 1361723919628

Tags

#freedom-of-person #human-rights #public

Question

[statute] entitles everyone to a fair and public hearing within a reasonable time.

Answer

ECHR Article 6(1)

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ECHR Article 6(1) entitles everyone to a fair and public hearing within a reasonable time.

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Flashcard 1361726541068

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#freedom-of-person #human-rights #public

Question

ECHR Article 6(1) entitles everyone to [...] within a reasonable time.

Answer

a fair and public hearing

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ECHR Article 6(1) entitles everyone to a fair and public hearing within a reasonable time.

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Flashcard 1361728113932

Tags

#freedom-of-person #human-rights #public

Question

ECHR Article 6(1) entitles everyone to a fair and public hearing within [...].

Answer

a reasonable time

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ECHR Article 6(1) entitles everyone to a fair and public hearing within a reasonable time.

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Flashcard 1361729686796

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#freedom-of-person #human-rights #public

Question

ECHR Article 6(1) entitles [...].

Answer

everyone to a fair and public hearing within a reasonable time

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ECHR Article 6(1) entitles everyone to a fair and public hearing within a reasonable time.

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Flashcard 1361732570380

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#freedom-of-person #human-rights #public

Question

In [case], the Court of Appeal, overturning a decision of the Administrative Court, held that an administrative panel that was not wholly independent would not necessarily violate the ECHR, art 6(1), if the panel was still able to arrive at a fair and reasonable recommendation.

Answer

R (Beeson) v Dorset CC [2003]

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In R (Beeson) v Dorset CC [2003], the Court of Appeal, overturning a decision of the Administrative Court, held that an administrative panel that was not wholly independent would not necessarily violate the ECHR, art 6

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Flashcard 1361734929676

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#freedom-of-person #human-rights #public

Question

In R (Beeson) v Dorset CC [2003], the Court of Appeal, overturning a decision of the Administrative Court, held that an administrative panel that was not wholly independent would not necessarily violate the ECHR, art 6(1), if [...].

Answer

the panel was still able to arrive at a fair and reasonable recommendation

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body>In R (Beeson) v Dorset CC [2003], the Court of Appeal, overturning a decision of the Administrative Court, held that an administrative panel that was not wholly independent would not necessarily violate the ECHR, art 6(1), if the panel was still able to arrive at a fair and reasonable recommendation.<body><html>

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Flashcard 1361736764684

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#freedom-of-person #human-rights #public

Question

In [case], the ECtHR made it clear that even a relatively minor doubt as to the impartiality of a tribunal could constitute a violation of the ECHR, art 6(1).

Answer

McGonnell v UK (2000)

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In McGonnell v UK (2000) 30 EHRR 289, the ECtHR made it clear that even a relatively minor doubt as to the impartiality of a tribunal could constitute a violation of the ECHR, art 6(1).

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Flashcard 1361739123980

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#freedom-of-person #human-rights #public

Question

In McGonnell v UK (2000) 30 EHRR 289, the ECtHR made it clear that even a relatively minor doubt as to the impartiality of a tribunal could constitute a violation of the ECHR, art [...].

Answer

6(1)

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In McGonnell v UK (2000) 30 EHRR 289, the ECtHR made it clear that even a relatively minor doubt as to the impartiality of a tribunal could constitute a violation of the ECHR, art 6(1).

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Flashcard 1361746201868

Tags

#freedom-of-person #human-rights #public

Question

ECHR, Art [...]: Right to a Fair Trial

Answer

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ECHR, Art 6: Right to a Fair Trial

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Flashcard 1361747774732

Tags

#freedom-of-person #human-rights #public

Question

[statute]: Right to a Fair Trial

Answer

ECHR, Art 6

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ECHR, Art 6: Right to a Fair Trial

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Flashcard 1361750134028

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#freedom-of-person #human-rights #public

Question

ECHR, Art 6: [...]

Answer

Right to a Fair Trial

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ECHR, Art 6: Right to a Fair Trial

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Flashcard 1361751969036

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#freedom-of-person #human-rights #public

Question

The Terrorism Act 2000 seeks consistency with the ECHR, art [...] by providing that any detention of a terrorist suspect beyond 48 hours can only continue with judicial approval.

Answer

5(3)

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The Terrorism Act 2000 seeks consistency with the ECHR, art 5(3) by providing that any detention of a terrorist suspect beyond 48 hours can only continue with judicial approval.

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Flashcard 1361753541900

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#freedom-of-person #human-rights #public

Question

The Terrorism Act 2000 seeks consistency with the ECHR, art 5(3) by providing that any detention of a terrorist suspect beyond 48 hours can only continue [...].

Answer

with judicial approval

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The Terrorism Act 2000 seeks consistency with the ECHR, art 5(3) by providing that any detention of a terrorist suspect beyond 48 hours can only continue with judicial approval.

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Flashcard 1361755114764

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#freedom-of-person #human-rights #public

Question

The Terrorism Act 2000 seeks consistency with the ECHR, art 5(3) by providing that any detention of a terrorist suspect [...] can only continue with judicial approval.

Answer

beyond 48 hours

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The Terrorism Act 2000 seeks consistency with the ECHR, art 5(3) by providing that any detention of a terrorist suspect beyond 48 hours can only continue with judicial approval.

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Flashcard 1361757736204

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#freedom-of-person #human-rights #public

Question

in [case], detention without charge and without judicial authorisation – the detention after an initial 48 period had been authorised by the Home Secretary – for periods of more than four days and six hours was considered too long for the purposes of the ECHR, art 5(3).

Answer

Brogan v UK

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in Brogan v UK, detention without charge and without judicial authorisation – the detention after an initial 48 period had been authorised by the Home Secretary – for periods of more than four days an

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Flashcard 1361760095500

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Question

in Brogan v UK, detention without charge and without judicial authorisation – the detention after an initial 48 period had been authorised by the Home Secretary – for periods of [...] was considered too long for the purposes of the ECHR, art 5(3).

Answer

more than four days and six hours

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Flashcard 1361764289804

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#freedom-of-person #human-rights #public

Question

A senior judge or designated District Judge may authorise further detention under warrant of a person arrested under the Terrorism Act 2000, s 41 for a period of up to seven days from the time of arrest (Terrorism Act 2000, Schedule 8, paragraph [...],).

Answer

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or judge or designated District Judge may authorise further detention under warrant of a person arrested under the Terrorism Act 2000, s 41 for a period of up to seven days from the time of arrest (Terrorism Act 2000, Schedule 8, paragraph 29,).<body><html>

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Flashcard 1361765862668

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#freedom-of-person #human-rights #public

Question

Answer

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>A senior judge or designated District Judge may authorise further detention under warrant of a person arrested under the Terrorism Act 2000, s 41 for a period of up to seven days from the time of arrest (Terrorism Act 2000, Schedule 8, paragraph 29,).<body><html>

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Flashcard 1361767435532

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#freedom-of-person #human-rights #public

Question

Answer

Terrorism Act 2000

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A senior judge or designated District Judge may authorise further detention under warrant of a person arrested under the Terrorism Act 2000, s 41 for a period of up to seven days from the time of arrest (Terrorism Act 2000, Schedule 8, paragraph 29,).

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Flashcard 1361769008396

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#freedom-of-person #human-rights #public

Question

Answer

Terrorism Act 2000, Schedule 8, paragraph 29

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Flashcard 1361770581260

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Question

A [...] may authorise further detention under warrant of a person arrested under the Terrorism Act 2000, s 41 for a period of up to seven days from the time of arrest (Terrorism Act 2000, Schedule 8, paragraph 29,).

Answer

senior judge or designated District Judge

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Question

A senior judge or designated District Judge may authorise further detention under warrant of a person arrested under the Terrorism Act 2000, s 41 for a period of [...] (Terrorism Act 2000, Schedule 8, paragraph 29,).

Answer

up to seven days from the time of arrest

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Question

The present provisions allow the police to detain a person for [...] on their own authority from the time of arrest (Terrorism Act 2000, s 41(3)).

Answer

up to 48 hours

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The present provisions allow the police to detain a person for up to 48 hours on their own authority from the time of arrest (Terrorism Act 2000, s 41(3)).

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Question

The present provisions allow the police to detain a person for up to 48 hours on their own authority from the time of arrest (Terrorism Act 2000, s [...]).

Answer

41(3)

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The present provisions allow the police to detain a person for up to 48 hours on their own authority from the time of arrest (Terrorism Act 2000, s 41(3)).

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Question

The present provisions allow the police to detain a person for up to 48 hours on their own authority from the time of arrest ([...]).

Answer

Terrorism Act 2000, s 41(3)

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The present provisions allow the police to detain a person for up to 48 hours on their own authority from the time of arrest (Terrorism Act 2000, s 41(3)).

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Question

Where certain grounds are satisfied, detaining a person for [...] can be authorised by a police officer with the rank of superintendent or higher (PACE 1984, s 42(1)).

Answer

up to 36 hours

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Where certain grounds are satisfied, detaining a person for up to 36 hours can be authorised by a police officer with the rank of superintendent or higher (PACE 1984, s 42(1)).

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Question

Where certain grounds are satisfied, detaining a person for up to 36 hours can be authorised by [...] (PACE 1984, s 42(1)).

Answer

a police officer with the rank of superintendent or higher

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Where certain grounds are satisfied, detaining a person for up to 36 hours can be authorised by a police officer with the rank of superintendent or higher (PACE 1984, s 42(1)).

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Question

Where certain grounds are satisfied, detaining a person for up to 36 hours can be authorised by a police officer with the rank of superintendent or higher (PACE 1984, s [...]).

Answer

42(1)

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Where certain grounds are satisfied, detaining a person for up to 36 hours can be authorised by a police officer with the rank of superintendent or higher (PACE 1984, s 42(1)).

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Question

Where certain grounds are satisfied, detaining a person for up to 36 hours can be authorised by a police officer with the rank of superintendent or higher ([...], s 42(1)).

Answer

PACE 1984

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Where certain grounds are satisfied, detaining a person for up to 36 hours can be authorised by a police officer with the rank of superintendent or higher (PACE 1984, s 42(1)).

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Question

Where certain grounds are satisfied, detaining a person for up to 36 hours can be authorised by a police officer with the rank of superintendent or higher ([...]).

Answer

PACE 1984, s 42(1)

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Where certain grounds are satisfied, detaining a person for up to 36 hours can be authorised by a police officer with the rank of superintendent or higher (PACE 1984, s 42(1)).

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Question

The basic length of the detention without charge is for [...] (PACE 1984, s 41(7))

Answer

24 hours

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The basic length of the detention without charge is for 24 hours (PACE 1984, s 41(7))

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Question

The basic length of the detention without charge is for 24 hours (PACE 1984, s [...])

Answer

41(7)

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The basic length of the detention without charge is for 24 hours (PACE 1984, s 41(7))

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Question

The basic length of the detention without charge is for 24 hours ([...], s 41(7))

Answer

PACE 1984

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The basic length of the detention without charge is for 24 hours (PACE 1984, s 41(7))

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Question

The basic length of the detention without charge is for 24 hours ([...])

Answer

PACE 1984, s 41(7)

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The basic length of the detention without charge is for 24 hours (PACE 1984, s 41(7))

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Question

Under the Terrorism Act 2000, s [...], power is given to arrest a person without warrant whom the officer 'reasonably suspects is a terrorist'.

Answer

41(1)

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Under the Terrorism Act 2000, s 41(1), power is given to arrest a person without warrant whom the officer 'reasonably suspects is a terrorist'.

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Question

Under the [...], s 41(1), power is given to arrest a person without warrant whom the officer 'reasonably suspects is a terrorist'.

Answer

Terrorism Act 2000

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Under the Terrorism Act 2000, s 41(1), power is given to arrest a person without warrant whom the officer 'reasonably suspects is a terrorist'.

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Question

Under the [...], power is given to arrest a person without warrant whom the officer 'reasonably suspects is a terrorist'.

Answer

Terrorism Act 2000, s 41(1)

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Under the Terrorism Act 2000, s 41(1), power is given to arrest a person without warrant whom the officer 'reasonably suspects is a terrorist'.

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Question

Under the Terrorism Act 2000, s 41(1), power is given to arrest a person without warrant whom the officer [...].

Answer

'reasonably suspects is a terrorist'

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Under the Terrorism Act 2000, s 41(1), power is given to arrest a person without warrant whom the officer 'reasonably suspects is a terrorist'.

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Question

in the case of [case] the Supreme Court held that the imposition of a 16-hour curfew and the requirement that the appellant had to live 150 miles from his family did amount to a violation of his right to liberty under the ECHR, art 5. The appellant had been subjected to a control order since 2008.

Answer

Secretary of State for the Home Department v AP, [2010]

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in the case of Secretary of State for the Home Department v AP, [2010] UKSC 24 the Supreme Court held that the imposition of a 16-hour curfew and the requirement that the appellant had to live 150 miles from his family did amount to a violation of his right to lib

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Question

in the case of Secretary of State for the Home Department v AP, [2010] UKSC 24 the Supreme Court held that the imposition of a [...] curfew and the requirement that the appellant had to live 150 miles from his family did amount to a violation of his right to liberty under the ECHR, art 5. The appellant had been subjected to a control order since 2008.

Answer

16-hour

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Question

in the case of Secretary of State for the Home Department v AP, [2010] UKSC 24 the Supreme Court held that the imposition of a 16-hour curfew and the requirement that the appellant had to live [...] from his family did amount to a violation of his right to liberty under the ECHR, art 5. The appellant had been subjected to a control order since 2008.

Answer

150 miles

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Question

In [case], the House of Lords upheld the decisions of the High Court and Court of Appeal that certain non-derogating control orders imposed by the Home Secretary under the Prevention of Terrorism Act 2005 did in fact amount to a deprivation of liberty.

Answer

Re JJ [2007] UKHL 45

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In Re JJ [2007] UKHL 45, the House of Lords upheld the decisions of the High Court and Court of Appeal that certain non-derogating control orders imposed by the Home Secretary under the Prevention of Terrori

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Question

[case], the ECtHR held that the ECHR, art 5(4) had been violated because there had been no judicial control of the applicants' detention. The Home Secretary, rather than a court, had decided on the length of the tariff to be served and there had been no form of review.

Answer

T and V v UK (2000) 30 EHRR 121

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T and V v UK (2000) 30 EHRR 121, the ECtHR held that the ECHR, art 5(4) had been violated because there had been no judicial control of the applicants' detention. The Home Secretary, rather than a court, had decide

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Question

T and V v UK (2000) 30 EHRR 121, the ECtHR held that the ECHR, art 5(4) had been violated because [...]. The Home Secretary, rather than a court, had decided on the length of the tariff to be served and there had been no form of review.

Answer

there had been no judicial control of the applicants' detention

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Question

In [case], the ECtHR held that delays of 21 months and 2 years between reviews of the applicant's continued detention amounted to a breach of the ECHR, art 5(4).

Answer

Hirst v UK (2001) ECHR 477

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In Hirst v UK (2001) ECHR 477, the ECtHR held that delays of 21 months and 2 years between reviews of the applicant's continued detention amounted to a breach of the ECHR, art 5(4).

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Question

In Hirst v UK (2001) ECHR 477, the ECtHR held that delays of [...] between reviews of the applicant's continued detention amounted to a breach of the ECHR, art 5(4).

Answer

21 months and 2 years

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In Hirst v UK (2001) ECHR 477, the ECtHR held that delays of 21 months and 2 years between reviews of the applicant's continued detention amounted to a breach of the ECHR, art 5(4).

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Question

ECHR Article [...] states that a person who is arrested and detained 'shall be entitled' ('speedily') to challenge in court the lawfulness of the action taken against them.

Answer

5(4)

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ECHR Article 5(4) states that a person who is arrested and detained 'shall be entitled' ('speedily') to challenge in court the lawfulness of the action taken against them.

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Question

[statute] states that a person who is arrested and detained 'shall be entitled' ('speedily') to challenge in court the lawfulness of the action taken against them.

Answer

ECHR Article 5(4)

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ECHR Article 5(4) states that a person who is arrested and detained 'shall be entitled' ('speedily') to challenge in court the lawfulness of the action taken against them.

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Question

ECHR Article 5(4) states that [...]

Answer

a person who is arrested and detained 'shall be entitled' ('speedily') to challenge in court the lawfulness of the action taken against them.

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ECHR Article 5(4) states that a person who is arrested and detained 'shall be entitled' ('speedily') to challenge in court the lawfulness of the action taken against them.

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Question

ECHR Article 5(4) states that a person who is arrested and detained 'shall be entitled' ('speedily') [...] taken against them.

Answer

to challenge in court the lawfulness of the action

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ECHR Article 5(4) states that a person who is arrested and detained 'shall be entitled' ('speedily') to challenge in court the lawfulness of the action taken against them.

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Question

In [case], the ECtHR held that detention after arrest of four days and six hours violated the ECHR, art 5(3) in that the individual had not been brought 'promptly' before a judge. This seems to suggest that, while this question should be judged in the context of the particular case, there are some periods of delay the court will always hold to be excessive.

Answer

Brogan v UK (1989) 11 EHRR 117

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In Brogan v UK (1989) 11 EHRR 117, the ECtHR held that detention after arrest of four days and six hours violated the ECHR, art 5(3) in that the individual had not been brought 'promptly' before a judge. This seems t

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Question

In Brogan v UK (1989) 11 EHRR 117, the ECtHR held that detention after arrest of [...] violated the ECHR, art 5(3) in that the individual had not been brought 'promptly' before a judge. This seems to suggest that, while this question should be judged in the context of the particular case, there are some periods of delay the court will always hold to be excessive.

Answer

four days and six hours

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Question

ECHR Article [...]: the right of a person arrested and detained to be 'brought promptly before a judge'.

Answer

5(3)

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ECHR Article 5(3): the right of a person arrested and detained to be 'brought promptly before a judge'.

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Question

[...]: the right of a person arrested and detained to be 'brought promptly before a judge'.

Answer

ECHR Article 5(3)

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ECHR Article 5(3): the right of a person arrested and detained to be 'brought promptly before a judge'.

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Question

ECHR Article 5(3): the right of a person arrested and detained to [...].

Answer

be 'brought promptly before a judge'

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ECHR Article 5(3): the right of a person arrested and detained to be 'brought promptly before a judge'.

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Question

ECHR Article 5(3): the right [...].

Answer

of a person arrested and detained to be 'brought promptly before a judge'

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ECHR Article 5(3): the right of a person arrested and detained to be 'brought promptly before a judge'.

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Question

ECHR Article [...] requires that an arrested person be informed promptly and clearly of the reasons for their arrest and any charge against them.

Answer

5(2)

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ECHR Article 5(2) requires that an arrested person be informed promptly and clearly of the reasons for their arrest and any charge against them.

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Question

[statute] requires that an arrested person be informed promptly and clearly of the reasons for their arrest and any charge against them.

Answer

ECHR Article 5(2)

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ECHR Article 5(2) requires that an arrested person be informed promptly and clearly of the reasons for their arrest and any charge against them.

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Question

ECHR Article 5(2) requires that an arrested person be [...].

Answer

informed promptly and clearly of the reasons for their arrest and any charge against them

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ECHR Article 5(2) requires that an arrested person be informed promptly and clearly of the reasons for their arrest and any charge against them.

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Question

ECHR Article 5(2) requires that [...].

Answer

an arrested person be informed promptly and clearly of the reasons for their arrest and any charge against them

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ECHR Article 5(2) requires that an arrested person be informed promptly and clearly of the reasons for their arrest and any charge against them.

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Question

ECHR Article [...] is the most important of these in terms of police powers: it states that a person may be deprived of their liberty where that person is being lawfully arrested and detained 'for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so'.

Answer

5(1)(c)

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Question

[statute] is the most important of these in terms of police powers: it states that a person may be deprived of their liberty where that person is being lawfully arrested and detained 'for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so'.

Answer

ECHR Article 5(1)(c)

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ECHR Article 5(1)(c) is the most important of these in terms of police powers: it states that a person may be deprived of their liberty [...]

Answer

where that person is being lawfully arrested and detained

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ECHR Article 5(1)(c) is the most important of these in terms of police powers: it states that a person may be deprived of their liberty where that person is being lawfully arrested and detained 'for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his

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ECHR Article 5(1)(c) is the most important of these in terms of police powers: it states that a person may be deprived of their liberty where that person is being lawfully arrested and detained 'for the purpose of [...] on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so'.

Answer

bringing him before the competent legal authority

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ead><head>ECHR Article 5(1)(c) is the most important of these in terms of police powers: it states that a person may be deprived of their liberty where that person is being lawfully arrested and detained 'for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so'.<

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ECHR Article 5(1)(c) is the most important of these in terms of police powers: it states that a person may be deprived of their liberty where that person is being lawfully arrested and detained 'for the purpose of bringing him before the competent legal authority on [...] or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so'.

Answer

reasonable suspicion of having committed an offence

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the most important of these in terms of police powers: it states that a person may be deprived of their liberty where that person is being lawfully arrested and detained 'for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so'.<body><html>

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ECHR Article 5(1)(c) is the most important of these in terms of police powers: it states that a person may be deprived of their liberty where that person is being lawfully arrested and detained 'for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when it [...] or fleeing after having done so'.

Answer

is reasonably considered necessary to prevent his committing an offence

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s that a person may be deprived of their liberty where that person is being lawfully arrested and detained 'for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so'.<body><html>

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ECHR Article 5(1)(c) is the most important of these in terms of police powers: it states that a person may be deprived of their liberty where that person is being lawfully arrested and detained 'for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or [...]'.

Answer

fleeing after having done so

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lawfully arrested and detained 'for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so'.<body><html>

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Article 5(1) of the ECHR firstly provides for the substantive right of liberty itself. It then goes on to say that no one can be deprived of their liberty unless this is done [...] and then only under the specific circumstances outlined in sub-paragraphs (a)–(f). These sub-paragraphs define a variety of situations in which a person may be legitimately deprived of their liberty by the state.

Answer

'in accordance with a procedure prescribed by law'

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Article 5(1) of the ECHR firstly provides for the substantive right of liberty itself. It then goes on to say that no one can be deprived of their liberty unless this is done 'in accordance with a procedure prescribed by law' and then only under the specific circumstances outlined in sub-paragraphs (a)–(f). These sub-paragraphs define a variety of situations in which a person may be legitimately deprived o

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Guarantees against arbitrary arrest and detention are provided by the ECHR, art [...].

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Guarantees against arbitrary arrest and detention are provided by the ECHR, art 5.

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Guarantees against arbitrary arrest and detention are provided by the [statute].

Answer

ECHR, art 5

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Guarantees against arbitrary arrest and detention are provided by the ECHR, art 5.

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Guarantees [...] are provided by the ECHR, art 5.

Answer

against arbitrary arrest and detention

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Guarantees against arbitrary arrest and detention are provided by the ECHR, art 5.

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ECHR, Art [...]: Right to Liberty and Security of the Person

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ECHR, Art 5: Right to Liberty and Security of the Person

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[statute]: Right to Liberty and Security of the Person

Answer

ECHR, Art 5

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ECHR, Art 5: Right to Liberty and Security of the Person

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ECHR, Art 5: [...]

Answer

Right to Liberty and Security of the Person

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ECHR, Art 5: Right to Liberty and Security of the Person

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Note that the phrase 'to act' includes a failure to act: HRA 1998, s [...].

Answer

6(6)

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Note that the phrase 'to act' includes a failure to act: HRA 1996, s 6(6).

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Note that the phrase 'to act' includes a failure to act: [statute].

Answer

HRA 1998, s 6(6)

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Note that the phrase 'to act' includes a failure to act: HRA 1996, s 6(6).

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Note that the phrase 'to act' [...]: HRA 1998, s 6(6).

Answer

includes a failure to act

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Note that the phrase 'to act' includes a failure to act: HRA 1996, s 6(6).

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ECHR, Art [...]: Right to Life

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ECHR, Art 2: Right to Life

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[statute]: Right to Life

Answer

ECHR, Art 2

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ECHR, Art 2: Right to Life

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ECHR, Art 2: [...]

Answer

Right to Life

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ECHR, Art 2: Right to Life

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as originally drafted, the ECHR, art [...] allowed for the death penalty. All signatory states to the Convention have, however, subsequently agreed to abolish this sanction.

Answer

2(1)

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as originally drafted, the ECHR, art 2(1) allowed for the death penalty. All signatory states to the Convention have, however, subsequently agreed to abolish this sanction.

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as originally drafted, the ECHR, art 2(1) allowed for [...]. All signatory states to the Convention have, however, subsequently agreed to abolish this sanction.

Answer

the death penalty

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as originally drafted, the ECHR, art 2(1) allowed for the death penalty. All signatory states to the Convention have, however, subsequently agreed to abolish this sanction.

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ECHR Article [...] allows the state to take life for what might loosely be termed emergency 'law enforcement purposes'.

Answer

2(2)

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ECHR Article 2(2) allows the state to take life for what might loosely be termed emergency 'law enforcement purposes'.

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ECHR Article 2(2) allows [...].

Answer

the state to take life for what might loosely be termed emergency 'law enforcement purposes'

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ECHR Article 2(2) allows the state to take life for what might loosely be termed emergency 'law enforcement purposes'.

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ECHR Article [...] firstly provides for the substantive right of liberty itself.

Answer

5(1)

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ECHR Article 5(1) firstly provides for the substantive right of liberty itself.

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ECHR Article 5(1) firstly provides for [...].

Answer

the substantive right of liberty itself

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ECHR Article 5(1) firstly provides for the substantive right of liberty itself.

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ECHR Article [...] required a 'core irreducible minimum' of procedural fairness such that: 'the controlled person must be given sufficient information about the allegations against him to give effective instructions to the Special Advocate'.

Answer

6(1)

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ECHR Article 6(1) required a 'core irreducible minimum' of procedural fairness such that: 'the controlled person must be given sufficient information about the allegations against him to give effective in

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[statute] required a 'core irreducible minimum' of procedural fairness such that: 'the controlled person must be given sufficient information about the allegations against him to give effective instructions to the Special Advocate'.

Answer

ECHR Article 6(1)

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The maximum period of detention without charge is [...] (PACE 1984, s 44(3)(b)).

Answer

96 hours

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The maximum period of detention without charge is 96 hours (PACE 1984, s 44(3)(b)).

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The maximum period of detention without charge is 96 hours (PACE 1984, s [...]).

Answer

44(3)(b)

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The maximum period of detention without charge is 96 hours (PACE 1984, s 44(3)(b)).

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The maximum period of detention without charge is 96 hours ([statute], s 44(3)(b)).

Answer

PACE 1984

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The maximum period of detention without charge is 96 hours (PACE 1984, s 44(3)(b)).

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The maximum period of detention without charge is 96 hours ([statute]).

Answer

PACE 1984, s 44(3)(b)

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The maximum period of detention without charge is 96 hours (PACE 1984, s 44(3)(b)).

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The present provisions allow the police to detain a person for up to 48 hours on their own authority from the time of arrest (Terrorism Act 2000, s [...]).

Answer

41(3)

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The present provisions allow the police to detain a person for up to 48 hours on their own authority from the time of arrest (Terrorism Act 2000, s 41(3)).

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suspects are entitled to consult a solicitor in private at any time.

Answer

PACE 1984, s 58

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Under the PACE 1984, s 58, suspects are entitled to consult a solicitor in private at any time.

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Under the PACE 1984, s [...], suspects are entitled to consult a solicitor in private at any time.

Answer

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Under the PACE 1984, s 58, suspects are entitled to consult a solicitor in private at any time.

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In HM Advocate v JK [2002] UKPC D1, 29, the delay, for a 14-year-old, between the date of charge and the date of trial was [...].

Answer

27 months

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In HM Advocate v JK [2002] UKPC D1, 29, the delay, for a 14-year-old, between the date of charge and the date of trial was 27 months.

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In HM Advocate v JK [2002] UKPC D1, 29, the delay, for a [...], between the date of charge and the date of trial was 27 months.

Answer

14-year-old

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In HM Advocate v JK [2002] UKPC D1, 29, the delay, for a 14-year-old, between the date of charge and the date of trial was 27 months.

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HM Advocate v JK [2002] UKPC D1, 29

Answer

The delay, for a 14-year-old, between the date of charge and the date of trial was 27 months. The Privy Council stated that the protection afforded by the ECHR, art 6(1) may be regarded as demanding a standard of performance by the prosecutor which is more exacting than that set by common law, as it does not require the person charged to demonstrate prejudice.

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Jordan v UK (2001) 37 EHRR 52, McKerr v UK (2002) 34 EHRR 553, Kelly & Others v UK Judgment of 4 May 2001, and Shanaghan v UK (2001) 11 BHRC 1 are all cases in which the European Court of Human Rights (ECtHR) found violations of the ECHR, art 2 on the ground that [...].

Answer

the inquests held into killings by security forces in Northern Ireland were flawed

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R 52, McKerr v UK (2002) 34 EHRR 553, Kelly & Others v UK Judgment of 4 May 2001, and Shanaghan v UK (2001) 11 BHRC 1 are all cases in which the European Court of Human Rights (ECtHR) found violations of the ECHR, art 2 on the ground that the inquests held into killings by security forces in Northern Ireland were flawed.<body><html>

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[cases (4)] are all cases in which the European Court of Human Rights (ECtHR) found violations of the ECHR, art 2 on the ground that the inquests held into killings by security forces in Northern Ireland were flawed.

Answer

Jordan v UK (2001) 37 EHRR 52, McKerr v UK (2002) 34 EHRR 553, Kelly & Others v UK Judgment of 4 May 2001, and Shanaghan v UK (2001) 11 BHRC 1

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Jordan v UK (2001) 37 EHRR 52, McKerr v UK (2002) 34 EHRR 553, Kelly & Others v UK Judgment of 4 May 2001, and Shanaghan v UK (2001) 11 BHRC 1 are all cases in which the European Court of Human Rights (ECtHR) found violations of the ECHR, art 2 on the ground that the inquests held into killings by security forces in Northern Ir

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Article 2 of the ECHR can also impose a positive obligation on the State to protect life

Answer

Osman v UK (2000) 29 EHRR 245

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Article 2 of the ECHR can also impose a positive obligation on the State to protect life - see Osman v UK (2000) 29 EHRR 245.

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Article [...] of the ECHR can also impose a positive obligation on the State to protect life - see Osman v UK (2000) 29 EHRR 245.

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Article 2 of the ECHR can also impose a positive obligation on the State to protect life - see Osman v UK (2000) 29 EHRR 245.

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Article 2 of the ECHR can also impose a [...] - see Osman v UK (2000) 29 EHRR 245.

Answer

positive obligation on the State to protect life

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Article 2 of the ECHR can also impose a positive obligation on the State to protect life - see Osman v UK (2000) 29 EHRR 245.

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Article 2 of the ECHR can also impose a positive obligation on the State to protect life - see Osman v UK (2000) 29 EHRR 245. In its most basic form this requires states to [...]. However, it can also include an operational obligation on states to take preventative measures to protect individuals when their life is at risk from other individuals or from suicide. This obligation is not as broad as it sounds, as liability will only attach to state authorities if they knew, or ought to have known, that there was a real and immediate risk to life but failed to take appropriate measures.

Answer

have criminal justice systems that punish and deter homicide

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Article 2 of the ECHR can also impose a positive obligation on the State to protect life - see Osman v UK (2000) 29 EHRR 245. In its most basic form this requires states to have criminal justice systems that punish and deter homicide. However, it can also include an operational obligation on states to take preventative measures to protect individuals when their life is at risk from other individuals or from suicide.

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Article 2 of the ECHR can also impose a positive obligation on the State to protect life - see Osman v UK (2000) 29 EHRR 245. In its most basic form this requires states to have criminal justice systems that punish and deter homicide. However, it can also include [...]. This obligation is not as broad as it sounds, as liability will only attach to state authorities if they knew, or ought to have known, that there was a real and immediate risk to life but failed to take appropriate measures.

Answer

an operational obligation on states to take preventative measures to protect individuals when their life is at risk from other individuals or from suicide

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can also impose a positive obligation on the State to protect life - see Osman v UK (2000) 29 EHRR 245. In its most basic form this requires states to have criminal justice systems that punish and deter homicide. However, it can also include an operational obligation on states to take preventative measures to protect individuals when their life is at risk from other individuals or from suicide. This obligation is not as broad as it sounds, as liability will only attach to state authorities if they knew, or ought to have known, that there was a real and immediate risk to life

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Article 2 of the ECHR can also impose a positive obligation on the State to protect life - see Osman v UK (2000) 29 EHRR 245. In its most basic form this requires states to have criminal justice systems that punish and deter homicide. However, it can also include an operational obligation on states to [...] when their life is at risk from other individuals or from suicide. This obligation is not as broad as it sounds, as liability will only attach to state authorities if they knew, or ought to have known, that there was a real and immediate risk to life but failed to take appropriate measures.

Answer

take preventative measures to protect individuals

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on the State to protect life - see Osman v UK (2000) 29 EHRR 245. In its most basic form this requires states to have criminal justice systems that punish and deter homicide. However, it can also include an operational obligation on states to take preventative measures to protect individuals when their life is at risk from other individuals or from suicide. This obligation is not as broad as it sounds, as liability will only attach to state authorities if they knew, or ought

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Article 2 of the ECHR can also impose a positive obligation on the State to protect life - see Osman v UK (2000) 29 EHRR 245. In its most basic form this requires states to have criminal justice systems that punish and deter homicide. However, it can also include an operational obligation on states to take preventative measures to protect individuals when [...]. This obligation is not as broad as it sounds, as liability will only attach to state authorities if they knew, or ought to have known, that there was a real and immediate risk to life but failed to take appropriate measures.

Answer

their life is at risk from other individuals or from suicide

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EHRR 245. In its most basic form this requires states to have criminal justice systems that punish and deter homicide. However, it can also include an operational obligation on states to take preventative measures to protect individuals when their life is at risk from other individuals or from suicide. This obligation is not as broad as it sounds, as liability will only attach to state authorities if they knew, or ought to have known, that there was a real and immediate risk to life

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Article 2 of the ECHR can also impose a positive obligation on the State to protect life - see Osman v UK (2000) 29 EHRR 245. In its most basic form this requires states to have criminal justice systems that punish and deter homicide. However, it can also include an operational obligation on states to take preventative measures to protect individuals when their life is at risk from other individuals or from suicide. This obligation is not as broad as it sounds, as liability will only attach to state authorities if [...] but failed to take appropriate measures.

Answer

they knew, or ought to have known, that there was a real and immediate risk to life

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l obligation on states to take preventative measures to protect individuals when their life is at risk from other individuals or from suicide. This obligation is not as broad as it sounds, as liability will only attach to state authorities if they knew, or ought to have known, that there was a real and immediate risk to life but failed to take appropriate measures.<body><html>

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Article 2 of the ECHR can also impose a positive obligation on the State to protect life - see Osman v UK (2000) 29 EHRR 245. In its most basic form this requires states to have criminal justice systems that punish and deter homicide. However, it can also include an operational obligation on states to take preventative measures to protect individuals when their life is at risk from other individuals or from suicide. This obligation is not as broad as it sounds, as liability will only attach to state authorities if they knew, or ought to have known, that there was a real and immediate risk to life but [...].

Answer

failed to take appropriate measures

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ife is at risk from other individuals or from suicide. This obligation is not as broad as it sounds, as liability will only attach to state authorities if they knew, or ought to have known, that there was a real and immediate risk to life but failed to take appropriate measures.<body><html>

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R (on the application of Amin) v Secretary of State for the Home Department [2003] UKHL 51

Answer

An inmate of Feltham Young Offenders' Institution ('YOI'), Zahid Mubarek, was murdered by his cellmate. The Home Office declined to hold a full public enquiry on the basis that there had been a prison investigation, an enquiry by the Commission for Racial Equality, and a criminal trial. In reviewing this case, the House of Lords emphasised the importance of the state's duty to protect life, particularly of those involuntarily in custody, stressing that reasonable care must be taken to safeguard their lives. Further, they re-stated the importance of the state's obligation under the ECHR, art 2 to investigate deaths involving agents of the state. The applicable state agent in this case was the regime at the YOI that had placed the deceased in a cell with a known violent racist. Their Lordships specified that, whilst there was no single template for such investigations, there was an irreducible core at the heart of the article 2 duty: the investigation must be public, independent and involve the full participation of the family. Such an investigation had not taken place in this case and this was therefore seen to represent a violation of the ECHR, art 2.

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R (on the application of Amin) v Secretary of State for the Home Department [2003] UKHL 51 is an instructive case on these points. An inmate of Feltham Young Offenders' Institution ('YOI'), Zahid Mubarek, was murdered by his cellmate. The Home Office declined to hold a full pu

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Answer

R (on the application of Amin) v Secretary of State for the Home Department [2003] UKHL 51

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R (on the application of Amin) v Secretary of State for the Home Department [2003] UKHL 51 is an instructive case on these points. An inmate of Feltham Young Offenders' Institution ('YOI'), Zahid Mubarek, was murdered by his cellmate. The Home Office declined to hold a full public enquiry on the basis that there had been a prison investigation, an enquiry by the Commission for Racial Equality, and a criminal trial. In reviewing this case, the House of Lords emphasised the importance of the state's duty to protect life, particularly of those involuntarily in custody, stressing that reasonable care must be taken to safeguard their lives. Further, they re-stated the importance of the state's obligation under the ECHR, art 2 to [...]. The applicable state agent in this case was the regime at the YOI that had placed the deceased in a cell with a known violent racist. Their Lordships specified that, whilst there was no single template for such investigations, there was an irreducible core at the heart of the article 2 duty: the investigation must be public, independent and involve the full participation of the family. Such an investigation had not taken place in this case and this was therefore seen to represent a violation of the ECHR, art 2.

Answer

investigate deaths involving agents of the state

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the state's duty to protect life, particularly of those involuntarily in custody, stressing that reasonable care must be taken to safeguard their lives. Further, they re-stated the importance of the state's obligation under the ECHR, art 2 to investigate deaths involving agents of the state. The applicable state agent in this case was the regime at the YOI that had placed the deceased in a cell with a known violent racist. Their Lordships specified that, whilst there was n

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R (on the application of Amin) v Secretary of State for the Home Department [2003] UKHL 51 is an instructive case on these points. An inmate of Feltham Young Offenders' Institution ('YOI'), Zahid Mubarek, was murdered by his cellmate. The Home Office declined to hold a full public enquiry on the basis that there had been a prison investigation, an enquiry by the Commission for Racial Equality, and a criminal trial. In reviewing this case, the House of Lords emphasised the importance of the state's duty to [...], stressing that reasonable care must be taken to safeguard their lives. Further, they re-stated the importance of the state's obligation under the ECHR, art 2 to investigate deaths involving agents of the state. The applicable state agent in this case was the regime at the YOI that had placed the deceased in a cell with a known violent racist. Their Lordships specified that, whilst there was no single template for such investigations, there was an irreducible core at the heart of the article 2 duty: the investigation must be public, independent and involve the full participation of the family. Such an investigation had not taken place in this case and this was therefore seen to represent a violation of the ECHR, art 2.

Answer

protect life, particularly of those involuntarily in custody

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a full public enquiry on the basis that there had been a prison investigation, an enquiry by the Commission for Racial Equality, and a criminal trial. In reviewing this case, the House of Lords emphasised the importance of the state's duty to protect life, particularly of those involuntarily in custody, stressing that reasonable care must be taken to safeguard their lives. Further, they re-stated the importance of the state's obligation under the ECHR, art 2 to investigate deaths invo

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R (on the application of Amin) v Secretary of State for the Home Department [2003] UKHL 51 is an instructive case on these points. An inmate of Feltham Young Offenders' Institution ('YOI'), Zahid Mubarek, was murdered by his cellmate. The Home Office declined to hold a full public enquiry on the basis that there had been a prison investigation, an enquiry by the Commission for Racial Equality, and a criminal trial. In reviewing this case, the House of Lords emphasised the importance of the state's duty to protect life, particularly of those involuntarily in custody, stressing that [...]. Further, they re-stated the importance of the state's obligation under the ECHR, art 2 to investigate deaths involving agents of the state. The applicable state agent in this case was the regime at the YOI that had placed the deceased in a cell with a known violent racist. Their Lordships specified that, whilst there was no single template for such investigations, there was an irreducible core at the heart of the article 2 duty: the investigation must be public, independent and involve the full participation of the family. Such an investigation had not taken place in this case and this was therefore seen to represent a violation of the ECHR, art 2.

Answer

reasonable care must be taken to safeguard their lives

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, an enquiry by the Commission for Racial Equality, and a criminal trial. In reviewing this case, the House of Lords emphasised the importance of the state's duty to protect life, particularly of those involuntarily in custody, stressing that reasonable care must be taken to safeguard their lives. Further, they re-stated the importance of the state's obligation under the ECHR, art 2 to investigate deaths involving agents of the state. The applicable state agent in this case was

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R (on the application of Amin) v Secretary of State for the Home Department [2003] UKHL 51 is an instructive case on these points. An inmate of Feltham Young Offenders' Institution ('YOI'), Zahid Mubarek, was murdered by his cellmate. The Home Office declined to hold a full public enquiry on the basis that there had been a prison investigation, an enquiry by the Commission for Racial Equality, and a criminal trial. In reviewing this case, the House of Lords emphasised the importance of the state's duty to protect life, particularly of those involuntarily in custody, stressing that reasonable care must be taken to safeguard their lives. Further, they re-stated the importance of the state's obligation under the ECHR, art 2 to investigate deaths involving agents of the state. The applicable state agent in this case was the regime at the YOI that had [...]. Their Lordships specified that, whilst there was no single template for such investigations, there was an irreducible core at the heart of the article 2 duty: the investigation must be public, independent and involve the full participation of the family. Such an investigation had not taken place in this case and this was therefore seen to represent a violation of the ECHR, art 2.

Answer

placed the deceased in a cell with a known violent racist

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n to safeguard their lives. Further, they re-stated the importance of the state's obligation under the ECHR, art 2 to investigate deaths involving agents of the state. The applicable state agent in this case was the regime at the YOI that had placed the deceased in a cell with a known violent racist. Their Lordships specified that, whilst there was no single template for such investigations, there was an irreducible core at the heart of the article 2 duty: the investigation must be

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R (on the application of Amin) v Secretary of State for the Home Department [2003] UKHL 51 is an instructive case on these points. An inmate of Feltham Young Offenders' Institution ('YOI'), Zahid Mubarek, was murdered by his cellmate. The Home Office declined to hold a full public enquiry on the basis that there had been a prison investigation, an enquiry by the Commission for Racial Equality, and a criminal trial. In reviewing this case, the House of Lords emphasised the importance of the state's duty to protect life, particularly of those involuntarily in custody, stressing that reasonable care must be taken to safeguard their lives. Further, they re-stated the importance of the state's obligation under the ECHR, art 2 to investigate deaths involving agents of the state. The applicable state agent in this case was the regime at the YOI that had placed the deceased in a cell with a known violent racist. Their Lordships specified that, whilst there was no single template for such investigations, there was an irreducible core at the heart of the article 2 duty: [...]. Such an investigation had not taken place in this case and this was therefore seen to represent a violation of the ECHR, art 2.

Answer

the investigation must be public, independent and involve the full participation of the family

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gime at the YOI that had placed the deceased in a cell with a known violent racist. Their Lordships specified that, whilst there was no single template for such investigations, there was an irreducible core at the heart of the article 2 duty: the investigation must be public, independent and involve the full participation of the family. Such an investigation had not taken place in this case and this was therefore seen to represent a violation of the ECHR, art 2.<body><html>

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R (on the application of Amin) v Secretary of State for the Home Department [2003] UKHL 51 is an instructive case on these points. An inmate of Feltham Young Offenders' Institution ('YOI'), Zahid Mubarek, was murdered by his cellmate. The Home Office declined to hold a full public enquiry on the basis that there had been a prison investigation, an enquiry by the Commission for Racial Equality, and a criminal trial. In reviewing this case, the House of Lords emphasised the importance of the state's duty to protect life, particularly of those involuntarily in custody, stressing that reasonable care must be taken to safeguard their lives. Further, they re-stated the importance of the state's obligation under the ECHR, art 2 to investigate deaths involving agents of the state. The applicable state agent in this case was the regime at the YOI that had placed the deceased in a cell with a known violent racist. Their Lordships specified that, whilst there was no single template for such investigations, there was an irreducible core at the heart of the article 2 duty: the investigation must be public, independent and involve the full participation of the family. Such an investigation had not taken place in this case and this was therefore [outcome].

Answer

seen to represent a violation of the ECHR, art 2

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s, there was an irreducible core at the heart of the article 2 duty: the investigation must be public, independent and involve the full participation of the family. Such an investigation had not taken place in this case and this was therefore seen to represent a violation of the ECHR, art 2.<body><html>

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Question

ECHR, Art [...]: Freedom from Torture, and Inhuman and Degrading Treatment

Answer

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ECHR, Art 3: Freedom from Torture, and Inhuman and Degrading Treatment

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ECHR, Art 3: [...]

Answer

Freedom from Torture, and Inhuman and Degrading Treatment

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ECHR, Art 3: Freedom from Torture, and Inhuman and Degrading Treatment

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Freedom from Torture, and Inhuman and Degrading Treatment

Answer

ECHR, Art 3

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ECHR, Art 3: Freedom from Torture, and Inhuman and Degrading Treatment

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It is clear that the ECHR, art 3 imposes both [...] on public authorities. As noted above, the negative duty that is imposed by the ECHR, art 3 is an absolute one: 'no one shall be subject to torture or to inhuman or degrading treatment or punishment'.

Answer

negative and positive duties

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It is clear that the ECHR, art 3 imposes both negative and positive duties on public authorities. As noted above, the negative duty that is imposed by the ECHR, art 3 is an absolute one: 'no one shall be subject to torture or to inhuman or degrading treatment o

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It is clear that the ECHR, art 3 imposes both negative and positive duties on public authorities. As noted above, the negative duty that is imposed by the ECHR, art 3 is a/an [absolute / qualified] one: 'no one shall be subject to torture or to inhuman or degrading treatment or punishment'.

Answer

absolute

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It is clear that the ECHR, art 3 imposes both negative and positive duties on public authorities. As noted above, the negative duty that is imposed by the ECHR, art 3 is an absolute one: '[...]'.

Answer

no one shall be subject to torture or to inhuman or degrading treatment or punishment

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Article 6 of the ECHR can also be violated when [...]. This was the issue in the highly contentious case of Othman v UK (2012) 55 EHRR 1, (involving the individual also known as Abu Qatada).

Answer

there is a breach of the positive obligation on a Convention state to ensure, as far as possible, fair legal process

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Article 6 of the ECHR can also be violated when there is a breach of the positive obligation on a Convention state to ensure, as far as possible, fair legal process. This was the issue in the highly contentious case of Othman v UK (2012) 55 EHRR 1, (involving the individual also known as Abu Qatada).

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In [case] the Supreme Court held that the admission of hearsay evidence under the Criminal Justice Act 2003 contained sufficient safeguards so that convictions based solely, or to a decisive extent, on such statements would not breach the Convention. In the instant case no breach of the ECHR, art 6 was found.

Answer

R v Horncastle

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In R v Horncastle the Supreme Court held that [...]. In the instant case no breach of the ECHR, art 6 was found.

Answer

the admission of hearsay evidence under the Criminal Justice Act 2003 contained sufficient safeguards so that convictions based solely, or to a decisive extent, on such statements would not breach the Convention

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In R v Horncastle the Supreme Court held that the admission of hearsay evidence under the Criminal Justice Act 2003 contained sufficient safeguards so that convictions based solely, or to a decisive extent, on such statements would not breach the Convention. In the instant case no breach of the ECHR, art 6 was found.

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In R v Horncastle the Supreme Court held that the admission of hearsay evidence under the [statute] contained sufficient safeguards so that convictions based solely, or to a decisive extent, on such statements would not breach the Convention. In the instant case no breach of the ECHR, art 6 was found.

Answer

Criminal Justice Act 2003

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In R v Horncastle the Supreme Court held that the admission of hearsay evidence under the Criminal Justice Act 2003 contained [...] so that convictions based solely, or to a decisive extent, on such statements would not breach the Convention. In the instant case no breach of the ECHR, art 6 was found.

Answer

sufficient safeguards

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In R v Horncastle the Supreme Court held that the admission of [...] under the Criminal Justice Act 2003 contained sufficient safeguards so that convictions based solely, or to a decisive extent, on such statements would not breach the Convention. In the instant case no breach of the ECHR, art 6 was found.

Answer

hearsay evidence

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In R v Horncastle the Supreme Court held that the admission of hearsay evidence under the Criminal Justice Act 2003 contained sufficient safeguards so that convictions based solely, or to a decisive extent, on such statements would [...]. In the instant case no breach of the ECHR, art 6 was found.

Answer

not breach the Convention

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span>In R v Horncastle the Supreme Court held that the admission of hearsay evidence under the Criminal Justice Act 2003 contained sufficient safeguards so that convictions based solely, or to a decisive extent, on such statements would not breach the Convention. In the instant case no breach of the ECHR, art 6 was found.<body><html>

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Flashcard 1370110430476

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The case of [case] again illustrated the ECtHR's approach in this area, which is not to treat the right to silence as an absolute right, but to treat each case on its merits. On the facts, the ECtHR found that there had been a violation of their article 6 rights at their criminal trial.

Answer

Condron v UK (2001) 31 EHRR 1

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The case of Condron v UK (2001) 31 EHRR 1 again illustrated the ECtHR's approach in this area, which is not to treat the right to silence as an absolute right, but to treat each case on its merits. On the facts, the ECtHR found

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Flashcard 1370112789772

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The case of Condron v UK (2001) 31 EHRR 1 again illustrated the ECtHR's approach in this area, which is [...]. On the facts, the ECtHR found that there had been a violation of their article 6 rights at their criminal trial.

Answer

not to treat the right to silence as an absolute right, but to treat each case on its merits

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Flashcard 1370116197644

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Question

Condron v UK (2001) 31 EHRR 1

Answer

The applicants were two heroin addicts (husband and wife) in the process of withdrawal and had been advised by their solicitor not to answer the questions put to them by the police because, (unlike the police doctor), he believed that they were not fit to be interviewed. The case again illustrated the ECtHR's approach in this area, which is not to treat the right to silence as an absolute right, but to treat each case on its merits. On the facts, the ECtHR found that there had been a violation of their article 6 rights at their criminal trial. The trial judge, in accordance with the Criminal Justice and Public Order Act 1994, s 34, had directed the jury that inferences could be drawn from the applicants' refusal to comment at the police interview. This itself was not incompatible with the ECHR, art 6. However, the problem had been the trial judge's failure to direct that adverse inferences should only be drawn where the jury was satisfied that the refusal to comment could only be based on the defendants having no answer to the case put to them by the police or one which would not stand up to cross-examination.

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The applicants in Condron v UK (2001) 31 EHRR 1 were two heroin addicts (husband and wife) in the process of withdrawal and had been advised by their solicitor not to answer the questions put to them by the police because, (unlike the

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Flashcard 1370118556940

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Answer

Condron v UK (2001) 31 EHRR 1

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Flashcard 1370120916236

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The applicants in Condron v UK (2001) 31 EHRR 1 were two heroin addicts (husband and wife) in the process of withdrawal and had been advised by their solicitor not to answer the questions put to them by the police because, (unlike the police doctor), he believed that they were not fit to be interviewed. The case again illustrated the ECtHR's approach in this area, which is not to treat the right to silence as an absolute right, but to treat each case on its merits. On the facts, the ECtHR found that there had been a violation of their article 6 rights at their criminal trial. The trial judge, in accordance with the Criminal Justice and Public Order Act 1994, s [...], had directed the jury that inferences could be drawn from the applicants' refusal to comment at the police interview. This itself was not incompatible with the ECHR, art 6. However, the problem had been the trial judge's failure to direct that adverse inferences should only be drawn where the jury was satisfied that the refusal to comment could only be based on the defendants having no answer to the case put to them by the police or one which would not stand up to cross-examination.

Answer

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ight, but to treat each case on its merits. On the facts, the ECtHR found that there had been a violation of their article 6 rights at their criminal trial. The trial judge, in accordance with the Criminal Justice and Public Order Act 1994, s 34, had directed the jury that inferences could be drawn from the applicants' refusal to comment at the police interview. This itself was not incompatible with the ECHR, art 6. However, th

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Flashcard 1370122489100

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Question

The applicants in Condron v UK (2001) 31 EHRR 1 were two heroin addicts (husband and wife) in the process of withdrawal and had been advised by their solicitor not to answer the questions put to them by the police because, (unlike the police doctor), he believed that they were not fit to be interviewed. The case again illustrated the ECtHR's approach in this area, which is not to treat the right to silence as an absolute right, but to treat each case on its merits. On the facts, the ECtHR found that there had been a violation of their article 6 rights at their criminal trial. The trial judge, in accordance with the [statute], had directed the jury that inferences could be drawn from the applicants' refusal to comment at the police interview. This itself was not incompatible with the ECHR, art 6. However, the problem had been the trial judge's failure to direct that adverse inferences should only be drawn where the jury was satisfied that the refusal to comment could only be based on the defendants having no answer to the case put to them by the police or one which would not stand up to cross-examination.

Answer

Criminal Justice and Public Order Act 1994, s 34

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to treat the right to silence as an absolute right, but to treat each case on its merits. On the facts, the ECtHR found that there had been a violation of their article 6 rights at their criminal trial. The trial judge, in accordance with the Criminal Justice and Public Order Act 1994, s 34, had directed the jury that inferences could be drawn from the applicants' refusal to comment at the police interview. This itself was not incompatible with the ECHR, art 6. However, th

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Flashcard 1370124848396

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Question

The applicants in Condron v UK (2001) 31 EHRR 1 were two heroin addicts (husband and wife) in the process of withdrawal and had been advised by their solicitor not to answer the questions put to them by the police because, (unlike the police doctor), he believed that they were not fit to be interviewed. The case again illustrated the ECtHR's approach in this area, which is not to treat the right to silence as an absolute right, but to treat each case on its merits. On the facts, the ECtHR found that there had been a violation of their article 6 rights at their criminal trial. The trial judge, in accordance with the Criminal Justice and Public Order Act 1994, s 34, had directed the jury that inferences could be drawn from the applicants' refusal to comment at the police interview. This itself was not incompatible with the ECHR, art 6. However, the problem had been the trial judge's failure to direct that adverse inferences should only be drawn where [...].

Answer

the jury was satisfied that the refusal to comment could only be based on the defendants having no answer to the case put to them by the police or one which would not stand up to cross-examination

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drawn from the applicants' refusal to comment at the police interview. This itself was not incompatible with the ECHR, art 6. However, the problem had been the trial judge's failure to direct that adverse inferences should only be drawn where the jury was satisfied that the refusal to comment could only be based on the defendants having no answer to the case put to them by the police or one which would not stand up to cross-examination.<body><html>

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Flashcard 1370126945548

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Question

Benham v UK [1996] 22 EHRR 293

Answer

The applicant was imprisoned for non- payment of the community charge. He complained that there had been a failure to provide him with legal representation in a hearing before the magistrates dealing with his failure to pay. The magistrates had a discretion to appoint a solicitor but he had no entitlement to free legal representation. In deciding whether free legal representation should be provided, the ECtHR had regard to the severity of the penalty at stake and the complexity of the case. Where deprivation of liberty is at stake, the interests of justice call in principle for legal representation. In this case the applicant faced a maximum term of three years in prison and so the ECtHR held that it was in the interests of justice to provide him with legal representation.

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In the case of Benham v UK [1996] 22 EHRR 293, the applicant was imprisoned for non- payment of the community charge. He complained that there had been a failure to provide him with legal representation in a hearing before the magi

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Flashcard 1370129304844

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Benham v UK [1996] 22 EHRR 293

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Flashcard 1370131664140

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In the case of Benham v UK [1996] 22 EHRR 293, the applicant was imprisoned for non- payment of the community charge. He complained that there had been a failure to provide him with legal representation in a hearing before the magistrates dealing with his failure to pay. The magistrates had a discretion to appoint a solicitor but he had no entitlement to free legal representation. In deciding whether free legal representation should be provided, the ECtHR had regard to [...]. Where deprivation of liberty is at stake, the interests of justice call in principle for legal representation. In this case the applicant faced a maximum term of three years in prison and so the ECtHR held that it was in the interests of justice to provide him with legal representation.

Answer

the severity of the penalty at stake and the complexity of the case

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strates dealing with his failure to pay. The magistrates had a discretion to appoint a solicitor but he had no entitlement to free legal representation. In deciding whether free legal representation should be provided, the ECtHR had regard to the severity of the penalty at stake and the complexity of the case. Where deprivation of liberty is at stake, the interests of justice call in principle for legal representation. In this case the applicant faced a maximum term of three years in prison

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Flashcard 1370133237004

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In the case of Benham v UK [1996] 22 EHRR 293, the applicant was imprisoned for non- payment of the community charge. He complained that there had been a failure to provide him with legal representation in a hearing before the magistrates dealing with his failure to pay. The magistrates had a discretion to appoint a solicitor but he had no entitlement to free legal representation. In deciding whether free legal representation should be provided, the ECtHR had regard to the severity of the penalty at stake and the complexity of the case. Where [...], the interests of justice call in principle for legal representation. In this case the applicant faced a maximum term of three years in prison and so the ECtHR held that it was in the interests of justice to provide him with legal representation.

Answer

deprivation of liberty is at stake

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o appoint a solicitor but he had no entitlement to free legal representation. In deciding whether free legal representation should be provided, the ECtHR had regard to the severity of the penalty at stake and the complexity of the case. Where deprivation of liberty is at stake, the interests of justice call in principle for legal representation. In this case the applicant faced a maximum term of three years in prison and so the ECtHR held that it was in the i

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Flashcard 1370134809868

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Question

In the case of Benham v UK [1996] 22 EHRR 293, the applicant was imprisoned for non- payment of the community charge. He complained that there had been a failure to provide him with legal representation in a hearing before the magistrates dealing with his failure to pay. The magistrates had a discretion to appoint a solicitor but he had no entitlement to free legal representation. In deciding whether free legal representation should be provided, the ECtHR had regard to the severity of the penalty at stake and the complexity of the case. Where deprivation of liberty is at stake, the interests of justice [...]. In this case the applicant faced a maximum term of three years in prison and so the ECtHR held that it was in the interests of justice to provide him with legal representation.

Answer

call in principle for legal representation

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representation. In deciding whether free legal representation should be provided, the ECtHR had regard to the severity of the penalty at stake and the complexity of the case. Where deprivation of liberty is at stake, the interests of justice call in principle for legal representation. In this case the applicant faced a maximum term of three years in prison and so the ECtHR held that it was in the interests of justice to provide him with legal representation.<

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Flashcard 1370136382732

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Question

In the case of Benham v UK [1996] 22 EHRR 293, the applicant was imprisoned for non- payment of the community charge. He complained that there had been a failure to provide him with legal representation in a hearing before the magistrates dealing with his failure to pay. The magistrates had a discretion to appoint a solicitor but he had no entitlement to free legal representation. In deciding whether free legal representation should be provided, the ECtHR had regard to the severity of the penalty at stake and the complexity of the case. Where deprivation of liberty is at stake, the interests of justice call in principle for legal representation. In this case the applicant faced a maximum term of three years in prison and so [...].

Answer

the ECtHR held that it was in the interests of justice to provide him with legal representation

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he penalty at stake and the complexity of the case. Where deprivation of liberty is at stake, the interests of justice call in principle for legal representation. In this case the applicant faced a maximum term of three years in prison and so the ECtHR held that it was in the interests of justice to provide him with legal representation.<body><html>

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Flashcard 1370137955596

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In the case of Benham v UK [1996] 22 EHRR 293, the applicant was imprisoned for non- payment of the community charge. He complained that there [...] in a hearing before the magistrates dealing with his failure to pay. The magistrates had a discretion to appoint a solicitor but he had no entitlement to free legal representation. In deciding whether free legal representation should be provided, the ECtHR had regard to the severity of the penalty at stake and the complexity of the case. Where deprivation of liberty is at stake, the interests of justice call in principle for legal representation. In this case the applicant faced a maximum term of three years in prison and so the ECtHR held that it was in the interests of justice to provide him with legal representation.

Answer

had been a failure to provide him with legal representation</

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