AQA A-Level Law 7162
The Nature of Law
The European Union and English Law
Legal Personnel and the Judiciary
Access to Justice and Funding
Parliamentary Law Making
Delegated Legislation
Statutory Interpretation
Judicial Precedent
Law Reform
The Civil Courts and Dispute Resolution
The Criminal Courts and Sentencing
Lay People: Magistrates and Juries
Criminal Law: Rules and Theory
General Elements of Liability
Fatal Offences Against the Person
Non-Fatal Offences Against the Person
Property Offences
Preliminary Offences
Criminal Defences
Tort: Rules and Theory
Negligence
Occupiers' Liability
Nuisance and Rylands v Fletcher
Vicarious Liability
Tort: Defences and Remedies
Contract: Rules and TheoryContract
Formation of a ContractContract
Contract TermsContract
Vitiating FactorsContract
Discharge of a ContractContract
Contract: RemediesContract
Human Rights: Rules and TheoryHuman rights
Human Rights in International and UK LawHuman rights
The European Convention ArticlesHuman rights
Restrictions and EnforcementHuman rights
Reform of Human Rights LawHuman rights
Human Rights: Rules and Theory
Article 2 and Article 5: Life and Liberty
- 3 things to know
- Paper 3
Overview
Recall questions on the right to life in Article 2.1 and its exceptions in Article 2.2, and on the right to liberty in Article 5.1, the grounds for lawful detention and the safeguards in Articles 5.3 to 5.5.
What you need to know
Answer each one before you reveal it.
What does Article 2.1 of the ECHR establish, and what obligation does it place on states?
What remedy does Article 5.4 provide to a person deprived of liberty?
Questions from this subtopic
Each one with the model answer underneath.
- 1
What does Article 2.1 of the ECHR establish, and what obligation does it place on states?
Model answer
Article 2.1 establishes the right to life and requires states to protect this right by law.
- 2
Under Article 2.2 of the ECHR, when is the use of force justified in defence of a person?
Model answer
When force is absolutely necessary in defence of any person from unlawful violence.
- 3
What exception to the right to life does Article 2.2 provide regarding arrest and detention?
Model answer
Force is justified where absolutely necessary to effect a lawful arrest or to prevent the escape of a person lawfully detained.
- 4
Under Article 2.2, when may lethal force be justified in relation to public disorder?
Model answer
When force is absolutely necessary to quell a riot or insurrection.
- 5
What right does Article 5.1 of the ECHR establish?
Model answer
The right to liberty and security of person, meaning no one shall be deprived of liberty except in specified cases and in accordance with a procedure prescribed by law.
- 6
What ground for lawful detention is provided by Article 5.1(a) of the ECHR?
Model answer
Lawful detention after conviction by a competent court.
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