Davis: Human Rights Law Directions 2e
Chapter 11
Question 1
Consider whether there is a "deprivation of liberty" under Article 5. (see 11.3)
If there has been a "deprivation of liberty" is it justified by one of the purposes listed in Article 5(1)? (consider, in particular, Article 5(1)(b) (11.5.2))
Question 2
What is the basic requirement of Article 5(3)? (See 11.8)
What does "promptly" mean in respect of Article 5(3)? (See 11.8.1)
Under what conditions can bail be given or refused? (See 11.8.2)
What is the basic requirement of Article 5(4)? (See 11.8.3)
What are the characteristics of a judicial body for the purposes of both Article 5(3) and 5(4)? (See 11.8.3.4-5)
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