Arresting and detaining people on suspicion of committing a criminal offence
Convention rights and issues I need to consider
Articles 2 Right to life, 3 Prohibition of torture, 5 Right to liberty, 7 No punishment without law, 8 Respect for private and family life, 14 Prohibition of discrimination, Protocol No. 4 Article 2 Freedom of movement
In addition to the general issues arising on any deprivation of liberty previously set out, the following issues arise:
- Is the arrest allowed under Article 5, especially 5(1)(c) and (f)?
- Have persons arrested been told their rights and the reason for their arrest as soon as possible?
- Are there procedures to bring them promptly before a court?
- Have they been given access to a lawyer before interrogation starts?
- In specific situations like offences involving children and sexual offences, has the need for special interviewing procedures been considered?
- Was the offence for which the arrest was made in force at the time when it was committed?
References to article numbers are to the European Convention on Human Rights except where a Protocol is specified.
The issues listed are not exhaustive.
Do you touch on any of the Convention rights in your work?