The following Corporate Crime practice note produced in partnership with Andrew Sperling of SL5 Legal provides comprehensive and up to date legal information covering:
Article 5(4) of the European Convention of Human Rights (ECHR) provides that:
'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.'
ECHR, Art 5(4) entitles an arrested or detained person to institute proceedings bearing on the procedural and substantive conditions which are essential for the 'lawfulness' of his or her deprivation of liberty. The notion of 'lawfulness' under Article 5(4) has the same meaning as in Article 5(1), so that the arrested or detained person is entitled to a review of the lawfulness of their detention in the light not only of the requirements of domestic law but also of the ECHR, the general principles embodied therein and the aim of the restrictions permitted by ECHR, Art 5(1).
The reviewing 'court' must not have merely advisory functions but must have the competence to decide the lawfulness of the detention and to order release if the detention is unlawful
The burden of proof lies on the state to show that detention is lawful. See: Zamir v United Kingdom (1983) 40 DR 42 (not reported by LexisNexis®).
ECHR, Art 5(4) contains specific procedural guarantees for matters of deprivation
Free trials are only available to individuals based in the UK
Complete all the fields above to proceed to the next step.
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
Parliamentary committeesIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to
RobberyRobberyRobbery is a theft offence, involving dishonesty but elevated also by the intention to use force.Robbery can only be tried in the Crown Court on indictment and is categorised as a class 3 offence.Elements of the offence of robberyA person is guilty of robbery if:•they steal something,
When transferring an interest in land, any fixtures form part of the land and are transferred with it, unless there is express provision to the contrary. Fittings (also known as chattels) do not form part of the land and will not be included unless it has been expressly agreed otherwise. Difficulty
Sale of treasury sharesA limited company may hold, or deal with, shares in itself, if certain conditions set out in the Companies Act 2006 (CA 2006) are met. Those shares are held in treasury and referred to as the company's treasury shares.The treasury shares regime is set out in CA 2006, ss
0330 161 1234