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Article 5 - For Prison Law Practitioners


Data Law Limited

Summary

Price
£36 inc VAT
Study method
Online, self-paced
Duration
1 hour
Qualification
No formal qualification
Additional info
  • Tutor is available to students

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Overview

Learning Outcomes

  • On completion of this course you will:
  • • Understand the grounds on which someone can and cannot be deprived of their liberty
  • • Be aware of the procedural safeguards for Article 5
  • • Have considered examples of how Article 5 can be used in practise with reference to case law from the ECHR
  • • Feel confident when handling prison law cases involving Article 5

What is the target audience?

  • Prison law practitioners of all levels including paralegals, trainees and qualified solicitors

Description

Article 5 of the Human Rights Act concerns the right to liberty and security and focuses on protecting an individual’s freedom from unreasonable detention. In short, individuals have a right to personal freedom and must not be imprisoned or detained without good reason.

During this 15-minute session prison law expert Dean Kingham of Swain & Co will predominately discuss Article 5 (4), the key section for prison law practitioners, and will offer guidance on how to utilise this section when challenging prison detention.

Consideration will be given to the right to compensation under Article 5 (5); Dean will explore the impact of the breakthrough case of Osborn, Booth and Reilly, namely the increase in oral hearings and the subsequent delay in these hearings being held due insufficient parole board personnel recruitment.

In addition, Dean will discuss some interesting case law from the European Court of Human Rights (ECHR) relating to Article 5:
• HL v United Kingdom (45508/99) – The informal admission to a psychiatric hospital of a compliant but incapacitated adult breached Article 5
• Steven Neary v LB Hillingdon [2011] - By keeping Stephen away from his home, Hillingdon breached Article 8 and Article 5(1)
• S., V. and A. v. Denmark (35553) - Detention of football supporters for approximately eight hours without charge, with a view to preventing violence
• Ilnseher v Germany (10211/2012) - Preventative detention of a murderer
• Alpay v Turkey (16538/17) - State of emergency posed a significant challenge to the safeguarding of fundamental rights and civil liberties with the defendant’s pre-trial detention breaching Articles 5, 10 and 18

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A regulated qualification is delivered by a learning institution which is regulated by a government body. In England, the government body which regulates courses is Ofqual. Ofqual regulated qualifications sit on the Regulated Qualifications Framework (RQF), which can help students understand how different qualifications in different fields compare to each other. The framework also helps students to understand what qualifications they need to progress towards a higher learning goal, such as a university degree or equivalent higher education award.

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An endorsed course is a skills based course which has been checked over and approved by an independent awarding body. Endorsed courses are not regulated so do not result in a qualification - however, the student can usually purchase a certificate showing the awarding body’s logo if they wish. Certain awarding bodies - such as Quality Licence Scheme and TQUK - have developed endorsement schemes as a way to help students select the best skills based courses for them.