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Tying ourselves into (Gordian) knots?

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Alex Ruck Keene KC (Hon)

20th November 2012

This paper takes a step back from the intracies of the DOLS regime both to argue that domestic jurisprudence upon the meaning of ‘deprivation of liberty’ has departed dramatically from the principles discernable from Strasbourg, and also to set out a modest suggestion as to what the phrase should mean in the context of the MCA 2005.

ARK Deprivation of Liberty Paper December 2012

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