Human Rights and English Law (AQA A-Level Law): Quizzes

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The Deprivation of Liberty Under Article 5
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What fundamental right does Article 5 ECHR protect?

Right to liberty & security of person

Under which Act was the Court of Protection established?

Mental Capacity Act 2005

Which case established the acid test for deprivation of liberty?

P v Cheshire West (2014)

How many elements of the acid test must be satisfied for deprivation of liberty?

All three elements

What is the first element of the acid test?

Lack of capacity to consent

What does the second element of the acid test require?

Continuous supervision & control

For the third acid test element, must the person have tried to leave?

No, just whether they'd be prevented

Does the acid test depend on whether the person is content with their care?

No, the test is objective

Which framework can authorize a lawful deprivation of liberty?

Court of Protection

What does 'decision-specific capacity' mean?

Capacity varies by decision complexity

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