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You are here: BAILII >> Databases >> The Law Commission >> Bail and the Human Rights Act 1998 Appendix B [2001] EWLC 269(APPENDIX B) (20 June 2001) URL: http://www.bailii.org/ew/other/EWLC/2001/269(APPENDIX_B).html Cite as: [2001] EWLC 269(APPENDIX B)

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APPENDIX B

ARTICLES 5 & 6 OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS

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 …

(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.

Article 6: Right to a fair trial

(1) In the determination of his civil rights and obligations or of any criminal

charge against him, everyone is entitled to a fair and public hearing within

a reasonable time by an independent and impartial tribunal established by

law. Judgment shall be pronounced publicly but the press and public may

be excluded from all or part of the trial in the interests of morals, public

order or national security in a democratic society, where the interests of

juveniles or the protection of the private life of the parties so require, or to

the extent strictly necessary in the opinion of the court in special

circumstances where publicity would prejudice the interests of justice.

(2) Everyone charged with a criminal offence shall be presumed innocent

until proved guilty according to law.

(3) Everyone charged with a criminal offence has the following minimum

rights:

(a) to be informed promptly, in a language which he understands and

in detail, of the nature and cause of the accusation against him;

(b) to have adequate time and facilities for the preparation of his

defence;

(c) to defend himself in person or through legal assistance of his own

choosing or, if he has not sufficient means to pay for legal

assistance, to be given it free when the interests of justice so

require;

(d) to examine or have examined witnesses against him and to obtain

the attendance and examination of witnesses on his behalf under

the same conditions as witnesses against him;

(e) to have the free assistance of an interpreter if he cannot

understand or speak the language used in court.