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United Kingdom freedom of expressionarticle 5breach of the peace

Steel v United Kingdom

(1999) 28 EHRR 603
JurisdictionUnited Kingdom
CourtEuropean Court of Human Rights
Year1999
StatusPersuasive authority

Key Principle

Arrest and detention for breach of the peace can satisfy the 'lawful'/'prescribed by law' requirements of Articles 5 and 10 ECHR because the English-law concept is formulated with sufficient precision, but such measures must be a proportionate response to the risk posed; detaining peaceful protesters whose conduct created no real risk of a breach of the peace was disproportionate and violated Articles 5 and 10.

Area of Law

General

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