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The Human Rights Act 1998 (Designated Derogation) Order 2001

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PROPOSED DEROGATION

Proposed notification of the United Kingdom’s derogation from Article 5 (1)

Article 5(1)(f) of the Convention

It is well established that Article 5(1)(f) permits the detention of a person with a view to deportation only in circumstance where “action is being taken with a view to deportation” Chahal v United Kingdom (1996) 23 EHRR 413 at paragraph 112). In that case the European Court of Human Rights indicated that detention will cease to be permissible under Article 5 (1) (f) if deportation proceedings are not prosecuted with due diligence and that it was necessary in such cases to determine whether the duration of the deportation proceedings was excessive (paragraph 113).

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