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 March 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 July 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.

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

    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.

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

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

  • Austin v Commissioner of Police of the Metropolis
    • House of Lords
    • 28 January 2009

    I would hold therefore that there is room, even in the case of fundamental rights as to whose application no restriction or limitation is permitted by the Convention, for a pragmatic approach to be taken which takes full account of all the circumstances.

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  • Human Rights Act 1998
    • UK Non-devolved
    • January 01, 1998
    ... ... has arisen in connection with a Convention right must take into account any—(a) judgment, ... (1) Everyone has the right to liberty and security of person. No one shall be deprived ... ...
  • The Burundi (Sanctions) (Overseas Territories) Order 2020
    • UK Non-devolved
    • January 01, 2020
    ... ... (e) (e) in respect of Pitcairn, P has the right of abode in Pitcairn under the law of Pitcairn; ... 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 ... ...
  • The Guinea (Sanctions) (EU Exit) Regulations 2019
    • UK Non-devolved
    • January 01, 2019
    ... ... , in particular in the context of—(i) the right to life;(ii) the right of persons not to be ... in slavery or servitude;(iv) the right to liberty and security, including the right not to be ... ...
  • Larceny Act 1861
    • UK Non-devolved
    • January 01, 1861
    ... ... The Term ‘valuable Security’ shall include any Order, Exchequer ... relating to or evidencing the Title or Right to any Property, or giving a Right to recover or ... to be acquitted, but the Jury shall be at liberty to return as their Verdict that the Defendant is ... ...
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Books & Journal Articles
  • The ‘reasonable suspicion’ test of Turkey’s post-coup emergency rule under the European Convention on Human Rights
    • No. 38-4, December 2020
    • Netherlands Quarterly of Human Rights
    Since the 15 July 2016 failed coup, Turkey has seen the mass arrests and detention of hundreds of thousands of individuals; among them are judges and prosecutors, military personnel, police officer...
    ... ... =NtNsPnlSo56TzGtzTEGM7nP9FR8%3D&x-amz-security ... who have been deprived of their liberty on an array of terro rism-related charges. While ... to pre-trial restrictions imposed on the right to liberty and security of ind ividuals during ... ...
  • Towards a Post-Social Right to Life, Liberty and Security of the Person Through Markets? Conceptions of Citizenship and the Implications for Health Law as Governance
    • No. 29-5, October 2020
    • Social & Legal Studies
    In the context of increased expectations of healthcare services and fiscal pressures, rights claims constitute a force pushing for privatization and thus threaten Canada’s single-tier public system...
  • V Africa
    • No. 15-4, December 1997
    • Netherlands Quarterly of Human Rights
    ... ... =jkQ18TopMfQjiK4WidZGmEdJ%2FUk%3D&x-amz-security ... found violations of Articles 4 (right to life), 5 (prohibition of torture), 6 ght to liberty and security), 7 (right to fair trial), 12(3) ... ...
  • European Court of Human Rights
    • No. 65-4, August 2001
    • Journal of Criminal Law, The
    ... ... =PBB%2F3%2BV5if2l29wTvisjvKyaWUc%3D&x-amz-security ... for Gross Indecency Violated the Right to Respect for Private Life ADTv United Kingdom ... combination with Article 5 (right to liberty and security of person) or Article 6 (right ... ...
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Law Firm Commentaries
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