Deprivation of Liberty in UK Law

  • Secretary of State for the Home Department v MB [House of Lords
    • House of Lords
    • 31 Octubre 2007
    ... ... Prevention of Terrorism Act 2005 deprived the respondents of their liberty in breach of article 5 of the European Convention on Human Rights and ... Deprivation of liberty ... 12 In ordinary parlance a person ... ...
  • P (by his litigation friend the Official Solicitor) v Cheshire West and Chester Council and another
    • Supreme Court
    • 19 Marzo 2014
    ... ... made for a mentally incapacitated person amount to a deprivation of liberty. If they do, then the deprivation has to be authorised, either ... ...
  • R (Walumba Lumba and another) v Secretary of State for the Home Department
    • Supreme Court
    • 23 Marzo 2011
    ... ... As regards the requirement that any deprivation of liberty be "in accordance with a procedure prescribed by law" in ... ...
  • R (Gillan) v Commissioner of Police of the Metropolis and Another; R (Quinton) v Same
    • House of Lords
    • 08 Marzo 2006
    ... ... Rajiv Menon ... Garreth Wong ... (Instructed by Liberty) ... Respondents: ... Commissioner of Police for the Metropolis ... on by the European Court when considering what amounts to a deprivation of liberty under article 5. Article 2 of the Fourth Protocol is entitled ... ...
  • Booth v Parole Board
    • Supreme Court (Scotland)
    • 09 Octubre 2013
    ... ... Rights Act unless the prisoner has suffered a consequent deprivation of liberty ... The legislative framework ... ...
  • Julian Assange v Swedish Prosecution Authority
    • Supreme Court
    • 31 Mayo 2012
    ... ... protection against an unlawful infringement on the right to liberty. Both Lord Bingham and Lord Hope in Dabas v High Court of Justice in ... on Human Rights , in the English version, provides that deprivation of liberty may be lawful where it results from "the lawful ... ...
  • Secretary of State for the Home Department v AF (No 3)
    • House of Lords
    • 10 Junio 2009
    ... ... orders ("control orders") involving significant restriction of liberty. A control order was first made against AF on 24 May 2006, against AN on 4 ... lengthy - and what appeared at that time to be indefinite - deprivation of liberty on the applicants' fundamental rights, Article 5 § 4 must ... ...
  • R (West) v Parole Board; R (Smith) v Parole Board (No 2) (Conjoined Appeals)
    • House of Lords
    • 27 Enero 2005
    ... ... , the Parole Board shall consider whether the prisoner's continued liberty or, as the case may be, immediate release, would present an unacceptable ... instances, a fundamental procedural guarantee in matters of deprivation of liberty: De Wilde, Ooms and Versyp v Belgium (No 1) (1971) 1 EHRR ... ...
  • R v Deputy Governor of Parkhurst Prison and Others, ex parte Hague ; Weldon v Home Office
    • House of Lords
    • 24 Julio 1991
    ... ... the tort, evolved by the common law for the protection of personal liberty, should be held to be such as to deny its availability to a convicted ... workshop, at the dinner table or elsewhere, this is not the deprivation of his liberty of movement, which is the essence of the tort of false ... ...
  • R (Faulkner) v Secretary of State for Justice
    • Supreme Court
    • 01 Mayo 2013
    ... ... Article 5(1) provides: "(1) Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in ... domestic law but also … conformity with the purposes of the deprivation of liberty permitted by sub-paragraph (a) of article 5(1). Furthermore, ... ...
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