An arrested person has the right to be brought promptly before a judge or equivalent officer exercising judicial power. What is required in terms of crime is dependent upon the circumstances. In Brogan v. United Kingdom, the period should be a number of days at most. In Brogan v. United Kingdom, detention for four and a half days and six days in another case without being brought before a court was held to violate the Convention.<\/p>\n
In Medvedyev v. France, a thirteen-day period was compliant as the applicants were at sea, intercepted at sea for drug smuggling at a considerable distance from France in poor weather.<\/p>\n
The officer must be a judge or a person exercising judicial authority. The most important factor is that he is independent of the state. In Schiesser v. Switzerland, it was held that if he may intervene in the case at an earlier or at later stage, his independence may be open to question.\u00a0\u00a0In Assenov v. Bulgaria, a prosecutor was held to be insufficiently independent.<\/p>\n
In military disciplinary regimes, whereby the military commander played a judicial role was incompatible with the Convention. Hood v. United Kingdom.<\/p>\n
In \u0130pek v. Turkey, the applicants who were minors were held for less than four days. There was held to be a violation, in particular with reference to the fact that the applicants as minors, required additional protection.<\/p>\n\n
\n <\/div>\n\n","protected":false},"excerpt":{"rendered":"
Basis for Arrest There must be a criminal offence. It must be definite in accordance with national law. The nature of the proceedings and the offence are relevant. Criminal law includes military law for this purpose (Hood v. United Kingdom). The provisions of the Convention do not generally allow preventative detention. Where the proviso is […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[344],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/22645"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=22645"}],"version-history":[{"count":8,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/22645\/revisions"}],"predecessor-version":[{"id":23570,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/22645\/revisions\/23570"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=22645"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=22645"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=22645"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}