Which
statement below most accurately reflects Lord Hope’s opinion in the Austin case
on the interpretation of Article 5(1) of the European Convention on Human
Rights?

Question

Answer

Crowd
control will not constitute an Article 5(1) deprivation of liberty if it is
done in good faith and is proportionate and enforced for no longer than
reasonably necessary

Answer

When
interpreting Article 5(1) the purpose of employing crowd control in a
particular case is not relevant to whether the crowd control amounts to a
deprivation of liberty

Answer

Because
Article 5(1) is unqualified, as Lord Hoffman rightly observed, it will only be
the rarest case, such as this one, where an Article 5(1) deprivation can be
justified

Crowdly

Which statement below most accurately reflects Lord Hope’s opinion in the Austin...

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