“…no deprivation of liberty for the purposes of that article: paras 67 to 73. He did so having regard to the decision of the Strasbourg Court in Guzzardi v Italy (1981) 3 EHRR 333 and the decision of the House of Lords in Secretary of State for the Home Department v JJ [2007] UKHL 45; [2008] AC 385.…”
“…He distinguished the line of authorities dealing with Mafiosi (Guzzardi v Italy (1981) 3 EHRR 333, Ciulla v Italy (1991) 13 EHRR 346, M v Italy (1991) 70 DR 59, Raimondo v Italy (1994) 18 EHRR 237) on the basis that it was not necessary to prove a criminal …”