Category: control orders

Home Secretary did not breach control order duty

Secretary of State for the Home Department v E and Another

House of Lords

“It was not a condition precedent to the making or renewal of a nonderogating control order that the Secretary of State for the Home Department should comply with his duty to keep under review the prospect of successfully prosecuting the controlled person for a terrorism-related activity.”

The Times, 13th November 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication. 

Making control orders compatible

Secretary of State for the Home Department v MB; Same v AF

House of Lords

“Statutory provisions governing the court’s powers in reviewing nonderogating control orders made by the Secretary of State for the Home Department under the Prevention of Terrorism Act 2005 were to be read down in accordance with section 3 of the Human Rights Act 1998 where their effect would otherwise deny the controlled person a fair hearing compatible with article 6.1 of the European Convention on Human Rights.”

The Times, 6th November 2007

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Source: www.timesonline.co.uk

Home Secretary’s control orders made unlawfully

Secretary of State for the Home Department v JJ and Others

House of Lords

“Non-derogating control orders made by the Secretary of State for the Home Department, which imposed on the controlled persons an 18-hour curfew and closely restricted their social contacts, amounted to a deprivation of liberty, contrary to article 5 of the European Convention on Human Rights, and were accordingly unlawful.”

The Times, 5th November 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication

Secretary of State for the Home Department v E and another [2007] UKHL 47

“It was not a condition precedent to the making or renewal of a non-derogating control order under s 2(1) of the Prevention of Terrorism Act 2005 that the Secretary of State should comply with his duty under s 8 of the Act to consult the relevant chief officer of police as to the realistic prospect of successfully prosecuting the person against whom the order was proposed and should thereafter keep that possibility under review.”

WLR Daily, 1st November 2007

Source: www.lawreports.co.uk
 

Please note: once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Secretary of State for the Home Department v MB; Secretary of State v AF [2007] UKHL 46

“Statutory provisions governing the court’s powers in reviewing a non-derogating control order made by the Secretary of State under the Prevention of Terrorism Act 2005 would be read down under s 3 of the Human Rights Act 2007 where their effect would be to deny the proposed subject of the order a fair hearing compatible with art 6 of the European Convention on Human Rights.”

WLR Daily, 1st November 2007

Source: www.lawreports.co.uk

Please note: once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Secretary of State for the Home Department v JJ and others [2007] UKHL 45

“A non-derogating control order, made by the Secretary of State under s 2 of the Prevention of Terrorism Act 2005, which imposed an 18 hour curfew of the controlled person and closely restricted his social contacts constituted a deprivation of liberty under art 5 of the European Convention on Human Rights; since the Secretary of State had no power under the 2005 Act to make such an order, the proper course was that it should be quashed.”

WLR Daily, 1st November 2007

Source: www.lawreports.co.uk

Please note: once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.