Deprivation of Liberty in UK Law

  • P (by his litigation friend the Official Solicitor) v Cheshire West and Chester Council and another
    • Supreme Court
    • 19 March 2014
    ... ... made for a mentally incapacitated person amount to a deprivation of liberty. If they do, then the deprivation has to be authorised, either ... ...
  • Secretary of State for the Home Department v MB [House of Lords
    • House of Lords
    • 31 October 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 ... ...
  • R (Walumba Lumba and another) v Secretary of State for the Home Department
    • Supreme Court
    • 23 March 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 March 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 October 2013
    ... ... Rights Act unless the prisoner has suffered a consequent deprivation of liberty ... The legislative framework ... ...
  • R (Faulkner) v Secretary of State for Justice
    • Supreme Court
    • 01 May 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, ... ...
  • Julian Assange v Swedish Prosecution Authority
    • Supreme Court
    • 31 May 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 June 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 ... ...
  • A, X and Y and Others and Secretary of State for the Home Department
    • House of Lords
    • 16 December 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 v Deputy Governor of Parkhurst Prison and Others, ex parte Hague ; Weldon v Home Office
    • House of Lords
    • 24 July 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 ... ...
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