9.11.2017 A & Ors v Secretary of State for the Home Department [2004] EWCA Civ 1123 (11 August 2004) (a) the lawful detention of a person after conviction by a competent court; (b) the lawful arrest or detention of a person for non-compliance with the lawful order of the court …; (c) the lawful arrest or detention of a person effected for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence …; (d) the detention of a minor …; (e) the lawful detention of persons for the prevention of the spreading of infectious diseases …; (f) the lawful arrest or detention of a person to prevent his effecting an unauthorised entry into the country or of a person against whom action is being taken with a view to deportation or extradition. (2) … (3) Everyone arrested or detained in accordance with the provisions of paragraph 1(c) of this Article shall be brought promptly before a judge or other officer authorised by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release pending trial. …." 304. ECHR Article 6(1) states: "In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. …" 305. The final provision of ECHR to which I must refer is Article 15, which provides as follows: "1. In time of war or other public emergency threatening the life of the nation any High Contracting Party may take measures derogating from its obligations under this Convention to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with its other obligations under international law. 2. No derogation … from Article … 3 … shall be made under this provision. 3. Any High Contracting Party availing itself of this right of derogation shall keep the Secretary-General of the Council of Europe fully informed of the measures it has taken and the reasons therefor." The 1998 Act 306. I turn then to the 1998 Act. Section 3(1) provides: "So far as it is possible to do so, primary legislation and subordinate legislation must be read and given effect in a way which is compatible with the Convention rights." 307. Those rights are defined in s1(1) and (2) as the rights in ECHR Articles 2 -12 and 14, "subject to any designated derogation or reservation". A "designated derogation" is in turn defined in s14(1) of the 1998 Act as meaning "any derogation by the United Kingdom from an article of the Convention … which is designated for the purposes of this Act in an order made by the Secretary of State". 308. Section 6 of the 1998 Act provides, so far as relevant: "(1) It is unlawful for a public authority to act in a way which is incompatible with a Convention right. http://www.bailii.org/ew/cases/EWCA/Civ/2004/1123.html 76/113