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Martin v N (A Child)
April 27, 2009 | No Comments
Article 5(4) – the right to court proceedings to challenge the lawfulness of detention
The Inner House held that lack of legal representation at children’s hearing when warrant authorising detention in secure accommodation issued was not per se in breach of the child’s Convention rights on that basis that her right under Article 5(4)were satisfied by the possibility of appealing against any decision authorising detention to the sheriff who had a duty to determine de novo whether the warrant was or was not “justified in all the circumstances” whether or not he considered that the original children’s hearing’s decision was vitiated by any procedural irregularity.
Alternatively the requirements of Article 5(4) could also have been satisfied by the child being provided with legal representation at a speedy review of the warrant at as early a date as was possible after the original decision to authorise detention.
Art. 05 Right to Liberty and Security, Child & Family Law
