2.3

Reasonable Suspicion

To be compatible with Article 5 (1) (c) the suspicion that an offence has been committed will have to be a reasonable one. What is reasonable depends on the circumstances and, for example, a less exacting standard may be acceptable where the matter is urgent or potentially dangerous, such as where terrorist activities are involved. Arresting a person merely to question them, where there is merely a hunch and no objective grounds for suspicion, will violate the Convention but where there are grounds for suspicion and questioning might strengthen or weaken that suspicion, an arrest may be compatible with the Convention.