Law 3101A/B Study Guide - Quiz Guide: Genuine Risk
Document Summary
Public order: cannot derive solely from the gravity of a crime or the charges pending against the person concerned. Thus, facts which raise a suspicion need not be of the same level as those necessary to justify a conviction or even the bringing of a charge, which comes at the next stage of the process of criminal investigation. Murray interview/arrested: the existence of such a purpose must be considered independently of its achievement. Although the difficulties investigations are recognised especially for large cases such as terrorism. Shiskov/ review: the applicant had no way of knowing how much longer he had to remain in custody before he could obtain a judicial examination of the lawfulness of his detention, the lack of clarity in domestic law. Smirnova: only referred to the seriousness of the charge to justify detention. The referred to the applicants" character without explaining what the character actually was and why it made the detention necessary.
