The WLR Daily case summaries
[2017] WLR (D) 101
Supreme Court
Regina (Hicks and others) v Commissioner of Police of the Metropolis (Secretary of State for the Home Department intervening)
[2017] UKSC 9
2016 June 28, 29; 2017 Feb 15
Lord Mance, Lord Reed, Lord Carnwath JJSC, Lord Dyson, Lord Toulson
Human rights— Liberty— Deprivation of— Claimants detained by police for duration of Royal Wedding in order to prevent breaches of peace— Detention of up to five hours’ duration with claimants released without having been brought before magistrates’ court— Claimants asserting breach of right to liberty— Police relying on exception where person’s detention effected for “purpose of bringing him before the competent legal authority ... when it is ... necessary to prevent his committing an offence”— Whether exception applying where in event not reasonably practicable to bring detainee before court before release— Whether enough that lawfulness of detention capable of challenge in court— Whether breach of claimants’ right to liberty—
Human Rights Act 1998 (c 42), Pt 1, Sch I, art 5.1(b)(c)