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S.B.C. v. The United Kingdom

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Judicial control of interference by the executive with an individual's right to liberty was an essential feature of the guarantees embodied in Article 5, Section 3, the purpose being to minimise the risk of arbitrariness in the pre-trial detention of accused persons. The exclusion of the possibility of any consideration by a Magistrate of pre-trial release on bail therefore violated the Convention.

http://brill.metastore.ingenta.com/content/journals/10.1163/157181301401746416
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/content/journals/10.1163/157181301401746416
2001-08-01
2016-02-06

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