Fox v UK, [1991] ECHR 27, 12245/86
Citation: Fox v UK, [1991] ECHR 27, 12245/86
Rule of thumb: Are the Police allowed to stop & search people without any grounds for suspicion? No, this is a violation of the right to liberty.
Judgment:
It is a violation of the right to liberty to arrest someone without reasonable suspicion, which is an objective test – there must be some form of tangible and basic circumstantial evidence, ‘This protection is an integral part of the scheme of protection afforded by Article 5: by virtue of paragraph (2) any person arrested must be told in simple, non-technical language that he can understand, the essential legal and factual grounds for his arrest, so as to be able, if he sees fit, to apply to a court to challenge its lawfulness in accordance with paragraph’
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.