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Lawless v Ireland (No 3): ECHR 1 Jul 1961

The Irish Government derogated from article 5 in July 1957 in order to permit detention without charge or trial and the applicant was detained between July and December 1957. He could have obtained his release by undertaking to observe the law and refrain from activities contrary to the Offences against the State (Amendment) Act 1940, … Continue reading Lawless v Ireland (No 3): ECHR 1 Jul 1961

Fox, Campbell and Hartley v The United Kingdom: ECHR 30 Aug 1990

The court considered the required basis for a reasonable suspicion to found an arrest without a warrant: ‘The ‘reasonableness’ of the suspicion on which an arrest must be based forms an essential part of the safeguard against arbitrary arrest and detention which is laid down in Article 5(1)(c). The court agrees with the Commission and … Continue reading Fox, Campbell and Hartley v The United Kingdom: ECHR 30 Aug 1990

Milev C-439/16: ECJ 27 Oct 2016

ECJ (Judgment) Reference for a preliminary ruling – Urgent preliminary ruling procedure – Judicial cooperation in criminal matters – Directive 2016/343/EU – Articles 3 and 6 – Temporal application – Review by the courts of the remand in custody pending trial of an accused – National legislation prohibiting, during the trial stage of the proceedings, … Continue reading Milev C-439/16: ECJ 27 Oct 2016

Zenati v Police of The Metropolis and Another: CA 11 Feb 2015

The claimant appealed against rejection of his claim for damages for false imprisonment and infringement of his human rights. On his arrest for a different offence his passport was suspected to be counterfeit, and he was then held for an offence under the 2006 Act. The police secured expert evidence from the National Document Fraud … Continue reading Zenati v Police of The Metropolis and Another: CA 11 Feb 2015