View source for Austin v Commissioner of Police of the Metropolis (2009) UKHL 5

''(1) The difference between deprivation of and restriction upon liberty is merely one of degree or intensity, not one of nature or substance; it is highly sensitive to the facts of each case. (2) Where the purpose of the measure is relevant, it must be to enable a balance to be struck between what the restriction seeks to achieve and the interests of the individual; there is room, even in the case of fundamental rights, for a pragmatic approach which takes full account of all the circumstances; however, in general, purpose is relevant, not to whether the Article 5 threshold is crossed, but to justification under 5(1)(a) to (e). (3) Measures of crowd control will fall outside the ambit of [[Article 5]] so long as they are not arbitrary, i.e. they must be resorted to in good faith, they must be proportionate, and they must not be enforced for longer than is reasonably necessary; the confinement by the police of the claimant for seven hours in Oxford Circus in order to avoid physical injuries and property damage therefore did not engage Article 5; if Article 5 had been engaged then the deprivation of liberty could not have been justified under Article 5(1)(a) to (e) for each individual in the crowd. ''

==Related judgments==
[[Austin v UK 39692/09 (2012) ECHR 459, (2012) MHLO 22]]
*[[Austin v Commissioner of Police of the Metropolis (2009) UKHL 5]]
**[[Austin v Commissioner of Police of the Metropolis (2007) EWCA Civ 989]]

==ICLR==
{{ICLR|Austin v Commissioner of Police of the Metropolis (2009) UKHL 5}}

==External links==
[http://www.guardian.co.uk/politics/2009/jul/19/metropolitan-police-kettling-human-rights Metropolitan police's 'kettling' tactic challenged in European court, Guardian, 19/7/09]

[http://www.solicitorsjournal.com/story.asp?sectioncode=103&storycode=13590&c=3&eclipse_action=getsession Trapped protester ruling may be referred to Court of Human Rights, Solicitors Journal, 3/2/09]

{{#bailii:[2009] UKHL 5}}

[http://www.lawreports.co.uk/WLRD/2009/HLPC/Jan.0.5.html ICLR report] - [2009] WLR (D) 26

[[Category:Deprivation of liberty]]
[[Category:Detailed summary]]
[[Category:Transcript]]
[[Category:2009 cases]]