Key term
AQA A-Level Law 7162
The Nature of Law
Topic overviewDistributive and Corrective JusticeTheories of Justice: Rawls, Nozick and MarxWhat Law Does in SocietyHow Law and Morality Are EnforcedMoral Diversity in a Pluralist SocietyThe Hart-Devlin DebateProcedural Justice and UtilitarianismThe Rule of Law: Core RequirementsLaw, Rights and the Resolution of DisputesFault and Strict LiabilityWhere Law and Morality OverlapWolfenden and R v BrownAristotle on JusticeJustice through Civil and Criminal LawCriminal and civil law comparedCustom, statute and common law as sourcesEquality, Fairness and Clarity before the 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
Topic overviewArticle 2 and Article 5: Life and LibertyArticle 11 and the Conditions for RestrictionRights, Liberties and Correlative DutiesThe Scope of Fundamental Human RightsArticle 2 Exceptions and the Article 5 GuaranteeInterfering with Article 8 RightsArticle 10: Freedom of Expression and Its LimitsThe Human Rights Act and Categories of Rights
Human Rights in International and UK LawHuman rights
The European Convention ArticlesHuman rights
Topic overviewFreedom of Association and Its LimitsArticle 2: Justified Deprivation of LifeArticle 5: Lawful Arrest and DetentionArticle 8: Private and Family LifeArticle 11: What It ProtectsArticle 2: Negative and Positive ObligationsThe Article 2.2 Exceptions in DetailArticle 5.1: Liberty and Security of PersonDetention under Article 5.1(a) to (c)Article 5.2 to 5.5: Information and ReviewArticle 10.1: Freedom of ExpressionWhich Paragraphs Permit RestrictionThe Grounds for Lawful DetentionEnforcing Rights in Strasbourg and by Judicial Review
Restrictions and EnforcementHuman rights
Topic overviewThe Common Requirements for RestrictionsLegitimate Aims and ProportionalityBringing a Claim to the Strasbourg CourtArticle 46, Judicial Review and Section 7 ClaimsPrescribed by Law and Necessary in a DemocracyLegitimate Aims for Restricting Articles 10 and 11Enforcement in Strasbourg and at HomeThe Two General Conditions for RestrictionLegitimate Aims across Articles 8, 10 and 11Who May Claim and How Rights Are EnforcedSupervising Judgments and Judicial Review Remedies
Reform of Human Rights LawHuman rights
The European Convention Articles
Detention under Article 5.1(a) to (c)
- 3 things to know
- Paper 3
Overview
Recall questions on detention after conviction by a competent court, detention under Article 5.1(b) for breach of a court order or legal obligation, the grounds in Article 5.1(c), lawfulness and reasonable suspicion.
What you need to know
Answer each one before you reveal it.
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Key term
What is the first ground for lawful arrest or detention under Article 5.1(c)?
Key term
Under Article 5.1(a), what is the fundamental requirement regarding the legality of detention after conviction?
Questions from this subtopic
Each one with the model answer underneath.
- 1
What type of body must issue the conviction for detention to be justified under Article 5.1(a)?
Model answer
The conviction must be by a competent court.
- 2
What relationship must exist between a conviction and subsequent detention for Article 5.1(a) to apply?
Model answer
There must be a sufficient causal connection between the conviction and the detention.
- 3
Explain why a person detained years after their sentence has expired might argue a breach of Article 5.1(a).
Model answer
Because there would no longer be a sufficient causal connection between the original conviction and the continued detention.
- 4
What is the first ground for detention permitted under Article 5.1(b)?
Model answer
Detention for non-compliance with the lawful order of a court.
- 5
Besides non-compliance with a court order, what other purpose justifies detention under Article 5.1(b)?
Model answer
Detention to secure the fulfilment of any obligation prescribed by law.
- 6
Why would detention to enforce a general duty to obey the law not satisfy Article 5.1(b)?
Model answer
Because the obligation prescribed by law must be specific and concrete, not a general duty to obey the law.
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