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The European Convention Articles

Article 5: Lawful Arrest and Detention

  • 3 things to know
  • Paper 3

Overview

Recall questions on detention after conviction, the grounds under 5.1(b) and 5.1(c), and what an arrested person must be told.

What you need to know

Answer each one before you reveal it.

Your recallNot started
Key term

Under Article 5.1a, in what circumstance is detention considered lawful?

Key term

What information must be provided to an arrested person under Article 5.2?

Key term

If a court under Article 5.4 determines that a person's detention is unlawful, what must happen?

Questions from this subtopic

Each one with the model answer underneath.

  1. 1

    Under Article 5.1a, in what circumstance is detention considered lawful?

    Model answer

    Following conviction by a competent court.

  2. 2

    What are the two grounds for lawful arrest or detention under Article 5.1b?

    Model answer

    Non-compliance with a lawful court order, or to secure fulfilment of a legal obligation.

  3. 3

    State the three grounds for lawful arrest or detention permitted under Article 5.1c.

    Model answer

    Reasonable suspicion of having committed an offence, to prevent commission of an offence, or to prevent fleeing after commission of an offence.

  4. 4

    What information must be provided to an arrested person under Article 5.2?

    Model answer

    The reasons for their arrest and any charges against them.

  5. 5

    What requirements does Article 5.2 impose regarding how and when this information must be communicated?

    Model answer

    It must be provided promptly and in a language the arrested person understands.

  6. 6

    A person is detained but never told why they were arrested. Which part of Article 5 has been violated, and why?

    Model answer

    Article 5.2, because it requires that anyone arrested be informed promptly of the reasons for their arrest in a language they understand.

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