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Search Results for: Prevention of Terrorism Act 1984
Brennan v The United Kingdom: ECHR 16 Oct 2001
The applicant had complained that, after his arrest he had been refused adequate access to a lawyer. He had not been allowed to see his solicitor for two days, and only then in the presence of a police officer. No inferences had been drawn from his silence in the period before access to his lawyer, … Continue reading Brennan v The United Kingdom: ECHR 16 Oct 2001
Regina v Harper: CANI 1990
The appellant had been convicted of a number of serious offences, largely as a result of admissions made by him during interviews by the police. Among the grounds of appeal was a claim that extension of the appellant’s detention had wrongly been authorised by a Parliamentary under-secretary of state where the statutory provision, section 12(4) … Continue reading Regina v Harper: CANI 1990
MB, Re, Secretary of State for the Home Department v MB: Admn 12 Apr 2006
The applicant challenged the terms of a non-derogating control order. It was anticipated that unless prevented, he would fight against UK forces in Iraq. Held: The section allowed the Secretary of State to impose any necessary conditions, but subject to a system of supervision by the courts. The parties now disputed whether the Act gave … Continue reading MB, Re, Secretary of State for the Home Department v MB: Admn 12 Apr 2006
Secretary of State for the Home Department v JJ and others: HL 31 Oct 2007
The Home Secretary appealed against a finding that a non-derogating control order was unlawful in that, in restricting the subject to an 18 hour curfew and otherwise severely limiting his social contacts, the order amounted to such a deprivation of liberty as to be unlawful. Held: The appeal failed. When looking at the lawfulness of … Continue reading Secretary of State for the Home Department v JJ and others: HL 31 Oct 2007
O’Hara v Chief Constable of the Royal Ulster Constabulary: HL 21 Nov 1996
Second Hand Knowledge Supports Resaobnable Belief The plaintiff had been arrested on the basis of the 1984 Act. The officer had no particular knowledge of the plaintiff’s involvement, relying on a briefing which led to the arrest. Held: A reasonable suspicion upon which an arrest was founded need not be based on the arresting officer’s … Continue reading O’Hara v Chief Constable of the Royal Ulster Constabulary: HL 21 Nov 1996
Brannigan and McBride v The United Kingdom: ECHR 26 May 1993
(Plenary) The applicants who had been detained without trial, challenged the derogation for the Convention by the respondent in respect of terrorist associated activity in Northern Ireland and on the mainland. Held: The derogation in respect of the suspension of rights of detained terrorist suspects was justified by and within the margin of appreciation allowed … Continue reading Brannigan and McBride v The United Kingdom: ECHR 26 May 1993
law-bytes
Please note (June 2010: that these law-bytes will soon (but not very soon and slowly) be re-organised, and re-posted within the main swarb.co.uk law-blog. This will allow much more powerful crosslinking for users between the various pages. All the existing pages will be left in place, but only the replacements will be updated. Eventually all … Continue reading law-bytes