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sidra
29/11/2025
Law
OCR Human Rights - Article 5 Evaluation Essay Template
814
•
29 Nov 2025
•
OCR A-Level Law: Article 5 Human Rights Essay Guide
sidra
@s1dra_h
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 (a) to (f), 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.
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OCR A-Level Law: Article 5 Human Rights Essay Guide
sidra
@s1dra_h
Ever wondered what stops the police from just locking you up for no reason? Article 5 of the European Convention on Human Rights is your shield against arbitrary detention by the state. It's basically a modern version of ancient protections... Show more
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 (a) to (f), 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.
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What is the Knowunity AI companion?
Our AI Companion is a student-focused AI tool that offers more than just answers. Built on millions of Knowunity resources, it provides relevant information, personalised study plans, quizzes, and content directly in the chat, adapting to your individual learning journey.
Where can I download the Knowunity app?
You can download the app from Google Play Store and Apple App Store.
Is Knowunity really free of charge?
That's right! Enjoy free access to study content, connect with fellow students, and get instant help – all at your fingertips.
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Rohan U
Android user
I know a lot of apps use fake accounts to boost their reviews but this app deserves it all. Originally I was getting 4 in my English exams and this time I got a grade 7. I didn’t even know about this app three days until the exam and it has helped A LOT. Please actually trust me and use it as I’m sure you too will see developments.
Xander S
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Paul T
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iOS user
This app is really great. There are so many study notes and help [...]. My problem subject is French, for example, and the app has so many options for help. Thanks to this app, I have improved my French. I would recommend it to anyone.
Samantha Klich
Android user
Wow, I am really amazed. I just tried the app because I've seen it advertised many times and was absolutely stunned. This app is THE HELP you want for school and above all, it offers so many things, such as workouts and fact sheets, which have been VERY helpful to me personally.
Anna
iOS user
Best app on earth! no words because it’s too good
Thomas R
iOS user
Just amazing. Let's me revise 10x better, this app is a quick 10/10. I highly recommend it to anyone. I can watch and search for notes. I can save them in the subject folder. I can revise it any time when I come back. If you haven't tried this app, you're really missing out.
Basil
Android user
This app has made me feel so much more confident in my exam prep, not only through boosting my own self confidence through the features that allow you to connect with others and feel less alone, but also through the way the app itself is centred around making you feel better. It is easy to navigate, fun to use, and helpful to anyone struggling in absolutely any way.
David K
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The app's just great! All I have to do is enter the topic in the search bar and I get the response real fast. I don't have to watch 10 YouTube videos to understand something, so I'm saving my time. Highly recommended!
Sudenaz Ocak
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In school I was really bad at maths but thanks to the app, I am doing better now. I am so grateful that you made the app.
Greenlight Bonnie
Android user
very reliable app to help and grow your ideas of Maths, English and other related topics in your works. please use this app if your struggling in areas, this app is key for that. wish I'd of done a review before. and it's also free so don't worry about that.
Rohan U
Android user
I know a lot of apps use fake accounts to boost their reviews but this app deserves it all. Originally I was getting 4 in my English exams and this time I got a grade 7. I didn’t even know about this app three days until the exam and it has helped A LOT. Please actually trust me and use it as I’m sure you too will see developments.
Xander S
iOS user
THE QUIZES AND FLASHCARDS ARE SO USEFUL AND I LOVE THE SCHOOLGPT. IT ALSO IS LITREALLY LIKE CHATGPT BUT SMARTER!! HELPED ME WITH MY MASCARA PROBLEMS TOO!! AS WELL AS MY REAL SUBJECTS ! DUHHH 😍😁😲🤑💗✨🎀😮
Elisha
iOS user
This apps acc the goat. I find revision so boring but this app makes it so easy to organize it all and then you can ask the freeeee ai to test yourself so good and you can easily upload your own stuff. highly recommend as someone taking mocks now
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