R (on the application of Roberts) v Commissioner of Police of the Metropolis and others

Human rights – Right to liberty and security. The claimant issued judicial review proceedings, contending that s 60 of the Criminal Justice and Public Order Act 1994 offended arts 5, 8 and 14 of the European Convention on Human Rights. The Divisional Court dismissed her claim and she appealed. The Court of Appeal, Civil Division, held that art 5 of the Convention had no application and no breach of art 14 of the Convention had been established. Further, s 60 of the Act was not arbitrary, it was in accordance with the law and justified pursuant to art 8(2) of the Convention.

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