Chapter 5 Key facts checklists

Chapter 5 Key facts checklists

Right to liberty and right to fair trial
  • Right to liberty and fair trial are due process rights and essential to rights protection in a democratic society.
  • They are not qualified rights but they can be derogated from in times of war and emergency.
  • Articles 5 and 6 are the most commonly argued rights before the European Court of Human Rights (ECtHR).
  • Article 5 protects individuals from unlawful and arbitrary detention for specified reasons in the article. Detention must be within the limitations of the article unless derogated from.
  • Article 6 protects the rights to fair trial in both criminal and civil cases (with added protection in criminal cases). The ECtHR has expanded protection of Article 6 through its interpretation of ‘fair’ hearing and ‘civil’ rights and obligations.
  • Due process rights have been part of UK law since Magna Carta. Articles 5 and 6 have developed the protections under the Human Rights Act 1998 (HRA).
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