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Key Provisions of the European Convention on Human Rights

Articles 5 and 6: liberty and a fair trial

  • 5 things to know
  • Component 3

Overview

Recall questions on Article 5, the right to liberty and security, its permitted grounds of detention and the rights of an arrested person, and on Article 6, the right to a fair trial, including an independent and impartial tribunal, the presumption of innocence and the rights of the defence.

What you need to know

Answer each one before you reveal it.

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Key term

What are the first three grounds on which Article 5(1) permits detention?

Key term

What information must be given promptly to anyone arrested under Article 5?

Key term

Which categories of persons may be lawfully detained under Article 5 on grounds relating to their mental state or lifestyle?

Key term

What right does Article 5 of the ECHR protect regarding personal freedom?

Key term

What protection does Article 5 of the ECHR provide regarding personal safety?

Questions from this subtopic

Each one with the model answer underneath.

  1. 1

    What does Article 5 of the ECHR protect?

    Model answer

    The right to liberty and security, meaning no one shall be deprived of their liberty except in accordance with a procedure prescribed by law.

  2. 2

    What right does Article 6 of the ECHR guarantee?

    Model answer

    The right to a fair trial, including a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law.

  3. 3

    Under Article 5, when may a person be lawfully detained following a court's decision on guilt?

    Model answer

    After conviction by a competent court.

  4. 4

    What ground under Article 5 permits detention when someone fails to obey a court's lawful direction?

    Model answer

    Detention for non-compliance with a lawful court order.

  5. 5

    On what basis does Article 5 permit arrest before a person has been charged or convicted?

    Model answer

    On reasonable suspicion of committing an offence.

  6. 6

    Under Article 5, for what purpose may minors be lawfully detained?

    Model answer

    For educational supervision.

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