Deprivation of Liberty in UK Law

  • Secretary of State for the Home Department v MB [House of Lords
    • House of Lords
    • 31 Oct 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 is ......
  • R v Deputy Governor of Parkhurst Prison and Others, ex parte Hague ; Weldon v Home Office
    • House of Lords
    • 24 Jul 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 ......
  • P (by his litigation friend the Official Solicitor) v Cheshire West and Chester Council and another
    • Supreme Court
    • 19 Mar 2014
    ...... made for a mentally incapacitated person amount to a deprivation of liberty. If they do, then the deprivation has to be authorised, either ......
  • A, X and Y and Others and Secretary of State for the Home Department
    • House of Lords
    • 16 Dic 2004
    ....... . 4 In argument before the House, Liberty made written and oral submissions in support of the appellants, as it did ...But it reasserted (para 113) that "any deprivation of liberty under Article 5(1)(f) will be justified only for as long as ......
  • R (M) v Ashworth Hospital Authority
    • House of Lords
    • 13 Oct 2005
    ......This guarantees to everyone the right to liberty and security of person, and provides that no one shall be deprived of his ... within a prison": it is capable of constituting a material deprivation of residual liberty. It is true that in R v Deputy Governor of Parkhurst ......
  • R v Secretary of State for the Home Department, ex parte Simms
    • House of Lords
    • 08 Jul 1999
    ......Thus the prisoner's liberty, personal autonomy, as well as his freedom of movement and association are ... respects the prisoner's right to free speech is outweighed by deprivation of liberty by the sentence of a court, and the need for discipline and ......
  • R (Lichniak) v Secretary of State for the Home Department
    • House of Lords
    • 25 Nov 2002
    ...... life sentence for murder the convicted murderer forfeited his liberty to the state for the rest of his days, to remain in custody until (if ...'s detention is not in conformity with the purposes of the deprivation of liberty permitted by Article 5(1)(a), so as to be arbitrary. ......
  • A v Secretary of State for the Home Department (No. 2)
    • House of Lords
    • 08 Dic 2005
    ...... of any extraordinary power in the crown was incompatible with the liberty of the subject. It is not surprising therefore, that, in his later works, ... Parliament required that SIAC must independently sanction this deprivation of liberty. . . 165 In short, I would hold that SIAC could ......
  • Office of the King's Prosecutor, Brussels v Cando Armas and another
    • House of Lords
    • 17 Nov 2005
    ...... from the operation of the scheme a person who is lawfully at liberty, whether on bail or parole or under deferred enforcement provisions, even ... the laws of the requesting party and of the requested party by deprivation of liberty or under a detention order for a maximum period, in accusation ......
  • R (West) v Parole Board; R (Smith) v Parole Board (No 2) (Conjoined Appeals)
    • House of Lords
    • 27 Ene 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 ......
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