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The European Convention on Human Rights and the Conflict in Northern Ireland$
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Brice Dickson

Print publication date: 2010

Print ISBN-13: 9780199571383

Published to Oxford Scholarship Online: May 2010

DOI: 10.1093/acprof:oso/9780199571383.001.0001

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Detention Pending Charge or Trial

Detention Pending Charge or Trial

Chapter:
(p.118) 6 Detention Pending Charge or Trial
Source:
The European Convention on Human Rights and the Conflict in Northern Ireland
Author(s):

Brice Dickson

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199571383.003.0006

Article 5 of the European Convention makes it clear that detention may occur even if no arrest ensues (as with powers to examine travellers at ports, or to stop and question people on the streets), but it does not explicitly say how long detention can lawfully continue, whether before or after an arrest has occurred. This chapter addresses two particular aspects of that issue. First, for what period can detention continue without the detainee having to appear before a judge? Second, for what period can detention continue after the person has appeared before a judge? This second question can be further subdivided, focusing initially on the maximum period that can be permitted to elapse before the detainee has to be charged with an offence or released, and then on the period that can be permitted to elapse after the detainee has been charged but before his or her substantive trial begins.

Keywords:   European convention, Northern Ireland, detention, arrest, detainees, human rights

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