Right to Liberty and Security in UK Law

Leading Cases
  • P (by his litigation friend the Official Solicitor) v Cheshire West and Chester Council and another
    • Supreme Court
    • 19 Mar 2014

    The second question, therefore, is what is the essential character of a deprivation of liberty? It is common ground that three components can be derived from Storck, paras 74 and 89, confirmed in Stanev, paras 117 and 120, as follows: (a) the objective component of confinement in a particular restricted place for a not negligible length of time; (b) the subjective component of lack of valid consent; and (c) the attribution of responsibility to the state.

    But, as it seems to me, what it means to be deprived of liberty must be the same for everyone, whether or not they have physical or mental disabilities. If it would be a deprivation of my liberty to be obliged to live in a particular place, subject to constant monitoring and control, only allowed out with close supervision, and unable to move away without permission even if such an opportunity became available, then it must also be a deprivation of the liberty of a disabled person.

  • R v Deputy Governor of Parkhurst Prison and Others, ex parte Hague ; Weldon v Home Office
    • House of Lords
    • 24 Jul 1991

    The tort of false imprisonment has two ingredients: the fact of imprisonment and the absence of lawful authority to justify it. Thus if A imposes on B a restraint within defined bounds and is sued by B for false imprisonment, the action will succeed or fail according to whether or not A can justify the restraint imposed on B as lawful. A child may be lawfully restrained within defined bounds by his parents or by the schoolmaster to whom the parents have delegated their authority.

  • Re K (A Child) (Secure Accommodation Order: Right to Liberty)
    • Court of Appeal (Civil Division)
    • 15 Nov 2000

    She recognised that every child was subject to a degree of control and deprivation of free movement. Examples were given such as —the child who was told by his mother that he cannot go out to the cinema because he had not completed his homework or —the child in boarding school with school rules which deprived him of free movement outside the school grounds. She submitted that in a secure unit, by its very nature, a child was deprived of his liberty.

    This analysis emphasises that plainly not all restrictions placed on the liberty of children constitute deprivation. Obviously parents have a right and a responsibility to restrict the liberty of their children, not only for protective and corrective purposes, but also sometimes for a punitive purpose. So acting they only risk breaching a child's Article 5(1) rights if they exceed reasonable bounds. Equally parents may delegate that right and responsibility to others.

  • R (Secretary of State for the Home Department) v Mental Health Review Tribunal
    • Court of Appeal (Civil Division)
    • 19 Dic 2002

    There is little dispute about the principles established in the Strasbourg jurisprudence as applicable to the interpretation of Article 5(1). First, a basic distinction is to be drawn between mere restrictions on liberty of movement and the deprivation of liberty. The former are governed by Article 2 of Protocol no. 4 and do not amount to a breach of Article 5.

  • Rk (by her litigation friend the Official Solicitor) v (1) BCC (2) YB and Another
    • Court of Appeal (Civil Division)
    • 20 Dic 2011

    However restrictions so imposed must not in their totality amount to deprivation of liberty. Deprivation of liberty engages the Article 5 rights of the child and a parent may not lawfully detain or authorise the deprivation of liberty of a child.

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Legislation
  • Human Rights Act 1998
    • UK Non-devolved
    • 1 de Enero de 1998
    ...... Article 5 . Right to liberty and security . Right to liberty and security. . SCH-1.1 .   . 1. ......
  • Anti-terrorism, Crime and Security Act 2001
    • UK Non-devolved
    • 1 de Enero de 2001
    ......Human Rights Act 1998 (c. 42); and. . ‘subordinate legislation’ has the same ... of Europe of a derogation from Article 5 of the ECHR (right to liberty and security) to the extent necessary to ensure that the measures ......
  • The Turks and Caicos Islands Constitution Order 2011
    • England & Wales
    • 1 de Enero de 2011
    ......1 . FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL PART I . ... (a) life, liberty, security of the person and the protection of the ......
  • The Burundi (Sanctions) (Overseas Territories) Order 2020
    • UK Non-devolved
    • 1 de Enero de 2020
    ...... (a) (a) the European Convention on Human Rights, or . (b) (b) the Refugee Convention. . (4) ... for acts done for purposes of national security or prevention of serious crime), substitute— . ... gender based violence; (iii) the right to liberty and security of persons in Burundi, including ......
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Books & Journal Articles
  • Enforced Disappearances and the Application of International Humanitarian Law to the Conflict in the Southern Border Provinces of Thailand
    • Núm. V-II, Julio 2018
    • SOAS Law Journal
    • Jagoda Sekular
    ......=pIhHWCKb8ySjzfbhNwmd%2FMBpLu4%3D&x-amz-security... by the international human rights instrument it has ratified. It is ... The right to liberty and security, as guaranteed under the ......
  • Case Comment: The Legality of ‘Kettling’ after Austin
    • Núm. 76-4, Julio 2013
    • The Modern Law Review
    This case comment considers the European Court of Human Rights decision of Austin v United Kingdom (2012) 55 EHRR 14. Austin claimed, unsuccessfully, that police kettling at a public protest in Lon...
    ......=PGH5MgJAfS0flXrdekbtz6ioMyY%3D&x-amz-security... considers the European Court of Human Rights decision of Austin v United Kingdom (2012) 55 ... amounted to a violation of her right to liberty under Article 5 of the European Convention of ......
  • Psychiatric injustice? The therapeutic presumption of behaviour management in mental health law
    • Núm. 7-4, Diciembre 2005
    • The Journal of Adult Protection
    • 25-31
    There are a great many people with mental health problems receiving treatments that are aimed primarily at managing aggressive or challenging behaviours by means of sedation, seclusion or restraint...
    ......=I%2BTGiW1iEMc5A64PoJgt92gvfyM%3D&x-amz-security... been regarded as therapies in their own right. Both sedation and seclusion have been recognised ... regime amount to a deprivation of liberty , as may well be the case in the use of restraint ......
  • Control and restraint
    • Núm. 3-2, Mayo 2001
    • The Journal of Adult Protection
    • 48-52
    ......=6ae7MXngNoxkNUH7LYMgREU5Grk%3D&x-amz-security... susceptible to challenge under the Human Rights Act will no doubt be explored in the not too ...’; or under Article 5: ‘The right to liberty and security of person’, where the extent of ......
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Law Firm Commentaries
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