The Deprivation of Liberty Under Article 5 (AQA A-Level Law): Flashcards
📚Flashcards
Practise the cards
10 cards from this deck
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Practise the cards
10 cards from this deck
Article 5 ECHR protects
Article 5 ECHR protects
Right to liberty and security of the person
Case establishing the acid test (2014)
Case establishing the acid test (2014)
P v Cheshire West and Chester Council and another
Acid test element 1
Acid test element 1
Lack of capacity to consent
Acid test element 2
Acid test element 2
Continuous supervision and control
Acid test element 3
Acid test element 3
Not free to leave
How many acid test elements needed for deprivation
How many acid test elements needed for deprivation
All three
Nature of acid test (objective/subjective)
Nature of acid test (objective/subjective)
Objective - doesn't depend on compliance or contentment
Court of Protection established under which Act
Court of Protection established under which Act
Mental Capacity Act 2005
Court of Protection jurisdiction covers
Court of Protection jurisdiction covers
Personal welfare and financial matters
Decision-specific capacity means
Decision-specific capacity means
Capacity assessed separately for each decision