Chapter 11 Multiple choice questions

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1. Which of the following are likely to involve a 'deprivation of liberty', thus engaging Article 5? Please select all that apply.

Imprisonment in an open prison. correct incorrect

Hemming-in a crowd of demonstrators in a public place as a proportionate attempt by the police to protect them from the violent attentions of counter-demonstrators. correct incorrect

House arrest involving only two requirements: an unsupervised requirement that the person stays in his house between 6.00 p.m. and 8.00 a.m. and a ban on the person going abroad. correct incorrect

A would-be immigrant or asylum seeker, who is denied entry into the UK, chooses to 'live' in the public areas of Heathrow Airport, with the approval of the authorities, who are considering his case for exceptional entry. He is free to leave the UK at any time or to enter and go to an approved detention centre. correct incorrect

A very vulnerable person (e.g. with severe learning difficulties) who is placed in a caring environment where they are under constant supervision and only allowed to leave under supervision. correct incorrect

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2. Which of the following would appear to be breaches of Article 5(1)? Please select all that apply.

The detention of a person who is mentally ill and whose illness is untreatable. Although probably not a danger to others, he is kept in a high-security mental hospital rather than a low-security, local hospital near to his relatives. correct incorrect

The imprisonment of 'terrorist suspects' in order to prevent them committing acts of terrorism in the future. correct incorrect

A stop-and-search of a woman by the police involving a thorough search. The woman was kept in a police car for half an hour while awaiting the arrival of a female police officer to conduct the search. correct incorrect

The detention of a young teenager in a secure children's home. The teenager has not committed a crime, but is believed to have been responsible for many antisocial actions. The home provides accommodation for troubled teenagers and nothing more. correct incorrect

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3. Article 5(1)(c) only authorises arrests when a criminal offence has been committed and the arrest is expressly for that offence.

True correct incorrect

False correct incorrect

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4. Detaining a person in order to deport them is only compatible with Article 5(1)(f) if the State is pursuing the deportation with ……….

Your response

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5. Which one of the following statements best expresses the rule in Article 5(2) requiring a person to be informed of the reason they have been deprived of their liberty?

Anyone arrested on reasonable suspicion of having committed a criminal offence must be told, at the time of their arrest, precisely why they have been arrested. correct incorrect

Anyone deprived of their liberty for any of the reasons listed in Article 5(1) has a right to be informed promptly of the reason for their detention, in a way they can understand and with enough precision to enable them to challenge the basis of the detention. correct incorrect

A person arrested on reasonable suspicion of having committed a criminal offence must be told, within a reasonable time, the general reasons for which they have been arrested. correct incorrect

A person arrested on reasonable suspicion of having committed a criminal offence must be told promptly (although not necessarily at the time of arrest) and with sufficient legal precision to enable them, if necessary, to challenge the legal basis of the arrest. correct incorrect

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6. Article 5(3) establishes a presumption in favour of bail, but which one of the following is a compatible reason for refusing bail?

Bail can be always refused in certain circumstances, such as in respect of a person accused of a serious offence of the same type for which he has been previously convicted. correct incorrect

Bail can be refused if the State produces evidence that the release of the accused person, because of his or her unpopularity, is likely to cause serious public disorder. correct incorrect

Bail can be refused if the offence is a serious offence. correct incorrect

A recidivist (a person with a considerable criminal record) can be refused bail unless he can prove that, if released, he is unlikely to commit offences while awaiting trial. correct incorrect

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7. Match the sentence or term with the definition or explanation given.

The process must be based on the equality of arms.

Judicial supervision under Article 5(4) must be based on the responsible authorities having the obligation of proving to the court or other judicial body the continuing need for the detention. The need for effective judicial supervision of deprivations of liberty under Article 5(4) means that anyone deprived of their liberty under Article 5(1) must have effective access to a court or other judicial body capable of determining whether Article 5 has been violated and, if it has, of ordering that person's release. Judicial supervision of detention must be on the basis of an adversarial process by which both sides (detaining authority and person detained) have access to the same information. The court, tribunal or other body exercising judicial supervision must be able to base its decisions on all of the issues relevant to Article 5 and it must be able to order the person's release if their detention is a violation of Article 5.

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The court must have sufficient authority.

The court, tribunal or other body exercising judicial supervision must be able to base its decisions on all of the issues relevant to Article 5 and it must be able to order the person's release if their detention is a violation of Article 5. Judicial supervision of detention must be on the basis of an adversarial process by which both sides (detaining authority and person detained) have access to the same information. Judicial supervision under Article 5(4) must be based on the responsible authorities having the obligation of proving to the court or other judicial body the continuing need for the detention. The need for effective judicial supervision of deprivations of liberty under Article 5(4) means that anyone deprived of their liberty under Article 5(1) must have effective access to a court or other judicial body capable of determining whether Article 5 has been violated and, if it has, of ordering that person's release.

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Access to court.

The court, tribunal or other body exercising judicial supervision must be able to base its decisions on all of the issues relevant to Article 5 and it must be able to order the person's release if their detention is a violation of Article 5. Judicial supervision under Article 5(4) must be based on the responsible authorities having the obligation of proving to the court or other judicial body the continuing need for the detention. The need for effective judicial supervision of deprivations of liberty under Article 5(4) means that anyone deprived of their liberty under Article 5(1) must have effective access to a court or other judicial body capable of determining whether Article 5 has been violated and, if it has, of ordering that person's release. Judicial supervision of detention must be on the basis of an adversarial process by which both sides (detaining authority and person detained) have access to the same information.

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The burden of proof.

Judicial supervision of detention must be on the basis of an adversarial process by which both sides (detaining authority and person detained) have access to the same information. Judicial supervision under Article 5(4) must be based on the responsible authorities having the obligation of proving to the court or other judicial body the continuing need for the detention. The need for effective judicial supervision of deprivations of liberty under Article 5(4) means that anyone deprived of their liberty under Article 5(1) must have effective access to a court or other judicial body capable of determining whether Article 5 has been violated and, if it has, of ordering that person's release. The court, tribunal or other body exercising judicial supervision must be able to base its decisions on all of the issues relevant to Article 5 and it must be able to order the person's release if their detention is a violation of Article 5.