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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Copy of Article 5 European Convention Please

Resolved Question:

Copy of Article 5 European Convention Please
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Protocol 5:

Alex Watts :

ARTICLE 5
Right to liberty and security

Alex Watts :

1. Everyone has the right to liberty and security of person. No
one shall be deprived of his liberty save in the following cases and
in accordance with a procedure prescribed by law:

Alex Watts :

(a) the lawful detention of a person after conviction by a
competent court;

Alex Watts :

(b) the lawful arrest or detention of a person for noncompliance
with the lawful order of a court or in order to secure the
fulfilment of any obligation prescribed by law;

Alex Watts :

(


c) the lawful arrest or detention of a person effected for
the purpose of bringing him before the competent legal
authority on reasonable suspicion of having committed
an offence or when it is reasonably considered necessary
to prevent his committing an offence or fleeing after
having done so;
(d) the detention of a minor by lawful order for the purpose
of educational supervision or his lawful detention for
the purpose of bringing him before the competent legal
authority;
(e) the lawful detention of persons for the prevention of the
spreading of infectious diseases, of persons of unsound
mind, alcoholics or drug addicts or vagrants;
(f) the lawful arrest or detention of a person to prevent his
effecting an unauthorised entry into the country or of a
person against whom action is being taken with a view
to deportation or extradition.

Alex Watts :

2. Everyone who is arrested shall be informed promptly, in a
language which he understands, of the reasons for his arrest and
of any charge against him.

Alex Watts :

3. Everyone arrested or detained in accordance with the
provisions of paragraph 1 (c) of this Article shall be brought
promptly before a judge or other officer authorised by law to
exercise judicial power and shall be entitled to trial within a
reasonable time or to release pending trial. Release may be
conditioned by guarantees to appear for trial.

Alex Watts :

4. Everyone who is deprived of his liberty by arrest or detention
shall be entitled to take proceedings by which the lawfulness of
his detention shall be decided speedily by a court and his release
ordered if the detention is not lawful.

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5. Everyone who has been the victim of arrest or detention
in contravention of the provisions of this Article shall have an
enforceable right to compensation.

Alex Watts :

The full list of Convention rights can be found at;

Alex Watts :

http://www.echr.coe.int/Documents/Convention_ENG.pdf

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

My son is in HMPAlbany. He has been in there 4 years Cat D. He cannot be made Cat C untill he does a certain Course at the Prison. So far they keep promising he will go on the course, to no avail. He only received a 6 year sentence. I am a widow of 73 years and fear I will be dead before he is ever released. He asked me to find our details of the question. Why I do not know. He is an enhanced prisoner and seems to be well thought of by the officers. I do not understand this world he now finds himself in. The prison seems to go out of its way to be difficullt regarding the prisoners and according to my son even the Guards themselves do not always understand.

Alex Watts :

I see.

Alex Watts :

He can try the Ombudsman

Alex Watts :

http://www.ppo.gov.uk/

Alex Watts :

They are independent and offer a free service

Alex Watts :

Can I clarify anything for you?

Customer:

I guess not otherwise you would have said a lot more.

Alex Watts :

Sadly I can only answer the question asked.

Alex Watts :

I have been able to provide Article 5 for you as requested

Alex Watts :

And if there is an issue with the Prison Service which needs investigating the Ombudsman is best placed to do that

Alex Watts :

The only other option is a Judicial Review which can be expensive and you cant do that until all appeals have been exhausted.

Alex Watts :

Does that help?

Customer:

This is true, I guess I am just very upset. I will ask him about the appeals and perhaps a judicial review but I do not hold out much hope in this direction. Thank you for answering the question.

Alex Watts :

I understand totally.

Alex Watts :

Please do remember to rate my answer before you go today

Alex Watts :

If the system wont allow you please say

Alex Watts :

If you need further help from me please let me know

Ash and other Law Specialists are ready to help you