Information Note on the Court’s case-law No.
June 1996
Benham v. the United Kingdom - 19380/92
Judgment 10.6.1996 [GC]
Article 5
Article 5-1
Lawful arrest or detention
Procedure prescribed by law
Applicant detained for non-payment of community charge - order for detention set aside on appeal: no violation
Article 6
Article 6-3-c
Insufficient means
Required by interests of justice
Applicant not entitled to legally aided representation before magistrates as of right: violation
[This summary is extracted from the Court’s official reports (Series A or Reports of Judgments and Decisions). Its formatting and structure may therefore differ from the Case-Law Information Note summaries.]
I.ARTICLE 5 § 1 OF THE CONVENTION
Reiteration of Court's case-law on meaning of "lawful" detention and "in accordance with a procedure prescribed by law".
Detention in principle lawful if pursuant to court order - subsequent finding that court erred under domestic law in making order will not necessarily retrospectively affect validity of detention.
Not established that magistrates' order for detention invalid under domestic law and thus that detention unlawful - detention not arbitrary.
Conclusion: no violation (seventeen votes to four).
II.ARTICLE 5 § 5 OF THE CONVENTION
Conclusion: not applicable in view of finding of non-violation of Article 5 § 1 (seventeen votes to four).
III.Article 6 §§ 1 and 3 (c) taken together
A.Applicability
Reiteration of Court's case-law on relationship between Article 6 §§ 1 and 3 (c) and autonomous meaning of "charged with a criminal offence" in Article 6 § 3.
Applicant "charged with a criminal offence" for purposes of Article 6 §§ 1 and 3 (c) in view of nature of proceedings and severity of penalty.
B.Compliance
Where immediate deprivation of liberty at stake, interests of justice in principle call for legal representation - legal-aid provision available to applicant insufficient.
Conclusion: violation (unanimously).
IV.APPLICATION OF ARTICLE 50 OF THE CONVENTION
A.Non-pecuniary damage: finding of violation sufficient just satisfaction (nineteen votes to two).
B.Legal fees and expenses: part of applicant's claim awarded in view of finding of violation of one complaint only (unanimously).
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This summary by the Registry does not bind the Court.
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