Recent Developments in Article 5 (June 2005, Kristina Stern)

Recent Developments in Article 5 (June 2005, Kristina Stern)


“In the past few years there have been a range of developments which impact, in particular, upon decisions which involve the cusp of detention, i.e. decisions to detain, and decisions to release, individuals from detention in prisons, immigration detention centres, and in secure psychiatric hospitals. Whilst obviously different considerations will often apply in the different contexts, one can not safely proceed in one context, without an awareness of developments as they have arisen in others.
   In this paper, I seek to address a range of issues which have confronted the courts in cases involving Article 5…”

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