Question
Therefore, in dealing with circumstances which engage the ECHR, art 5, the first questions to ask are:
(a) Does the deprivation of liberty fall into one of the permissible categories set out in the ECHR, art 5(1)(a) to (f), which allow the state to interfere with the right?
(b) Is this deprivation of liberty brought about '[...]'? Even if a person has been lawfully arrested and detained within the terms of the ECHR, art 5, it is also important to ask:
(c) Has there been an interference by the state with one or more of the due process rights protected in paragraphs 2–4 of the ECHR, art 5?
Finally, if a person is the victim of an Article 5 breach by the state, they are entitled by the ECHR, art 5(5) to claim an enforceable right to compensation. In the UK, however, under the procedures applying through the HRA 1998, the above right would only come into play if an applicant ultimately needed to take their case to Strasbourg.