Understanding Article 5: The Right to Liberty
Article 5(1) establishes that everyone has the right to liberty and security, but this isn't absolute. The state can deprive you of liberty only for specific lawful reasons listed in subsections (a) through (f).
Liberty means physical freedom, not broader concepts like personal autonomy. The key test from Cheshire West is whether someone is "under continuous supervision and control and not free to leave" - this determines if there's actual deprivation of liberty.
The six permitted grounds for detention cover different scenarios. (a) Conviction-based detention must relate to the original offence - you can't be kept in prison indefinitely for unrelated fears. (b) Court order non-compliance and (c) suspected criminal activity require genuine reasonable suspicion based on actual evidence.
(d) Detention of minors for educational supervision is permitted, even when the real reason is protection. (e) Public health detention covers mental health, infectious diseases, and addiction cases, but requires legal basis and proportionality. (f) Immigration detention allows holding asylum seekers and those facing deportation.
Remember: Each ground has strict requirements - detention must always have proper legal justification and be proportionate to the circumstances.