Reasons

Like section 28 of PACE, Article 5(2) of the Convention requires that an arrested person be given reasons for the arrest . This requirement is likely to be satisfied on the face of the warrant.

In Fox at al v. United Kingdom (199) 13 EHRR 157 the European Court held that:

’40. Paragraph 2 of Article 5 (art. 5-2) contains the elementary safeguard that any person arrested should know why he is being deprived of his liberty. This provision is an integral part of the scheme of protection afforded by Article 5 (art. 5): by virtue of paragraph 2 (art. 5-2) any person arrested must be told, in simple, non-technical language that he can understand, the essential legal and factual grounds for his arrest, so as to be able, if he sees fit, to apply to a court to challenge its lawfulness in accordance with paragraph 4 (art. 5-4) (see the van der Leer judgment of 21 February 1990, Series A no. 170, p. 13, § 28). Whilst this information must be conveyed “promptly” it need not be related in its entirety by the arresting officer at the very moment of the arrest. Whether the content and promptness of the information conveyed were sufficient is to be assessed in each case according to its special features.’

The detainee must therefore be told in simple, non-technical language the essential legal and facutal grounds for his detention. Persons being arrested must be informed in a language which he understands and, therefore, in the case of a non-English speaker, it may be necessary to ensure that the warrant is translated into an appropriate language. Reasons need not be given at the exact moment of the arrest, but most follow shortly thereafter.