ARTICLE 5

  Uk law as to certain criminal offences and the lack of a mandatory right of appeal breaches Articles 6  and 14, with no effective remedy, in violation of Article 13

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Nelson Says: "Getting a fair hearing in a British Court 

is nigh on impossible" for anyone legally aided

 

HUMAN RIGHTS ACT - LIBERTY & SECURITY

 

According to Article 5: Right to liberty and security

1. Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law:

(a) the lawful detention of a person after conviction by a competent court;

(b) the lawful arrest or detention of a person for non-compliance with the lawful order of a court or in order to secure the fulfilment of any obligation prescribed by law;

(c) the lawful arrest or detention of a person effected for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so;

(d) the detention of a minor by lawful order for the purpose of educational supervision or his lawful detention for the purpose of bringing him before the competent legal authority;

(e) the lawful detention of persons for the prevention of the spreading of infectious diseases, of persons of unsound mind, alcoholics or drug addicts or vagrants;

(f) the lawful arrest or detention of a person to prevent his effecting an unauthorised entry into the country or of a person against whom action is being taken with a view to deportation or extradition.

2. Everyone who is arrested shall be informed promptly, in a language which he understands, of the reasons for his arrest and of any charge against him.

3. Everyone arrested or detained in accordance with the provisions of paragraph 1(c) of this Article shall be brought promptly before a judge or other officer authorised by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release pending trial. Release may be conditioned by guarantees to appear for trial.

4. Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided speedily by a court and his release ordered if the detention is not lawful.

5. Everyone who has been the victim of arrest or detention in contravention of the provisions of this Article shall have an enforceable right to compensation.

 

 

The scales of injustice - heavily weighted against the common man

 

 

Unfortunately, this is rarely the case where a rich man can easily issue instructions to a firm of solicitors and get instant results - good or bad - he gets instant results.  Whereas a poor man inevitably experiences difficulty engaging a firm of solicitors, and even if he manages to get his foot in the door, the Legal Services Commission will then seek to strike out his application for public funding.  The poor man does not get instant results, not even results in a reasonable timeframe.

 

You may care to agree that in the circumstances the: "Access to Justice Act" should properly be titled the "Cop Out Justice Act".

 

 

SUSSEX POLICE KNOWINGLY DEFYING ARTICLE 5:  

 

 

How to get redress   The Protection of Property Rights   The Right Not to be Discriminated Against   The Right of Free Expression

The Right of Peaceful Protest   The Right to Know   The Right to Privacy   The Rights of Defendents   The Rights of Prisoners

The Rights of Suspects   The Rights of Travellers   The Rights of Victims and Witnesses   Further Information and Advice

The Human Rights Act   Liberty Website

 

 


 

 

     

      UNIVERSAL DECLARATION  OF HUMAN RIGHTS

     

 

 

    EUROPEAN CONVENTION  OF HUMAN RIGHTS

     

Article 1
Article 2
Article 3

Article 4
Article 5
Article 6

Article 7
Article 8
Article 9

Article 10

Article 11
Article 12

Article 13
Article 14
Article 15

Article 16
Article 17
Article 18