Chapter 17

Question 1

Article 5. Arrest and, perhaps, some of the more extreme exercises of the stop and search power can involve a "deprivation of liberty" (consider the definition of this term in this chapter and Chapter 11). If so the exercise of power needs to:
- Have a proper legal basis (see also Chapter 6);
- Be only for one of the purposes in Article 5(1), usually meeting the requirements of Article 5(1)(c) on reasonable suspicion and intention to bring before a court;
- Be accompanied by proper judicial supervision as required by Articles 5(3) and 5(4).
Article 8 can be relevant to searches (both personal and of property) and to all police actions against a person (arrest, detentions, taking of samples) since these, when being put into effect, may involve interferences with private life. This means that the police must be able to justify their actions under the terms of Article 8(2) – see also Chapter 15. Given the point and purpose of normal policing, this may be relatively easy to do in general terms (thus the law is likely to be compatible). Of course individual applications may involve unlawful breaches.