Chapter 5 Self-test questions

. The right to liberty and the right to a fair trial are…

Absolute rights

Limited rights

Qualified rights

Social rights

. Which of the following cases laid down the criteria for deciding if there has been a 'deprivation of liberty' under article 5 of the ECHR?:

Brand v. Netherlands (2004)

H.L. v UK (2004)

Murray v UK (1994)

Guzzardi v Italy (1980)

. Stafford v UK (2002) held that…

Detaining prisoners under sentencing rules that allow for indeterminate sentencing are compatible with Article 5 as long as the original decision to detain was in accordance with law. Any future decision regarding detention is unnecessary

Detaining prisoners under sentencing rules that allow for indeterminate sentencing are compatible with Article 5 as long as there is a link between the sentence passed by the court and the reason for continuing detention

Detaining prisoners under sentencing rules that allow for indeterminate sentencing are compatible with Article 5 as long as the state has derogated from the ECHR

Detaining prisoners under sentencing rules that allow for indeterminate sentencing are compatible with Article 5 if the applicant is a danger to society

. General principles that should be applied when the state detains a person on the grounds of unsound mind under article 5(1)(e) were laid down in which case?

Winterwerp v Netherlands (1979)

Brand v. Netherlands (2004)

Saadi v UK (2008)

Barfuss v Czech Republic (2000)

. In the domestic cases of Secretary of State for the Home Department v JJ and Others [2007] and Secretary of State for the Home Department v E [2007], the House of Lords (now known as the Supreme Court) found a violation of article 5 in JJ but not in E. What was the reason for this difference?

JJ had mental health issues, which E did not have

The state were not able to demonstrate a link between the continuing detention of JJ and the original decision to detain, whereas in E they could establish this

In JJ the decision maker was not an independent body, whereas in E there was independence

On the facts, JJ's conditions under the Control Order amounted to a deprivation of liberty. E's conditions did not. E's conditions amounted to a restriction of liberty not covered by article 5.

. Which of the following statements is false?:

The right to a fair trial under article 6 in the ECHR covers criminal charges

The right to a fair trial under article 6 in the ECHR covers civil law where civil rights and obligations are in question

The right to a fair trial under article 6 in the ECHR covers civil law cases involving employment rights

The right to a fair trial under article 6 in the ECHR covers administrative and public areas of civil law

. The European Court of Human Rights has interpreted article 6 to include certain 'implied obligations'. Which of the following is not an implied obligation?:

Equality of arms

Access to a Court

Legal aid

Right to participate in hearing

. Article 6(3) guarantees explicit minimum rights for anyone charged with a criminal offence. Which of the following is not included?:

To be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him

To have the free assistance of an interpreter if he cannot understand or speak the language used in court

To be presumed innocent until proven guilty

To defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require

. In which UK case did the House of Lords (now known as the Supreme Court) decide that special advocates in closed hearings under terrorism legislation should be allowed to communicate to the controllee an irreducible minimum of information regarding the case against them?

R v Secretary of State DETR ex p Alconbury Developments Ltd et al (2001)

Cadder v HM Advocate (2010)

Brown v Stott (2001)

Secretary of State for the Home Department v AF (2009)

. The right to liberty and the right to fair trial were first guaranteed in the UK in…

Bill of Rights 1689

Magna Carta 1215

European Convention on Human Rights

Police and Criminal Evidence Act 1984

Chapter 5 Self-test questions

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