Article 5: Your Right to Liberty and Security
Article 5 isn't an absolute right - it's what we call a limited right. This means the state can detrive you of your liberty, but only in specific circumstances listed in subsections to , like after conviction by a court or lawful arrest.
The key concept here is deprivation versus restriction. Not every limitation on your movement counts as deprivation of liberty. In Austin v UK, being "kettled" by police during protests wasn't considered deprivation, but in Guzzardi v Italy, being confined to a desert island definitely was. The courts now use an objective test from Cheshire West v P: you're deprived of liberty if you're "under continuous control and not free to leave."
Procedure prescribed by law is crucial - any detention must follow proper legal procedures. For police powers, this means following PACE (Police and Criminal Evidence Act) rules. If they don't follow the rules properly, like in R v Samuel where police wrongly denied access to a solicitor, convictions can be overturned.
Remember: The police can arrest you for any offence, but it must be necessary - they need specific reasons like finding out your identity, preventing you from disappearing, or for safety reasons.
When you're arrested, Article 5(2) guarantees you must be told you're under arrest, why you're being arrested, and be given the police caution. You then have the right under Article 5(3) to be brought before a judge or magistrate within a reasonable time (maximum 4 days according to McKay v UK), who'll consider whether to grant you bail.