Citations: [2005] EWHC 1669 (Admin) Links: Bailii Statutes: Prevention of Terrorism Act 2005 2 Jurisdiction: England and Wales Crime Updated: 05 December 2022; Ref: scu.263496
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Appeal against a decision given on a statutory review under section 3(10) of the 2005 Act of a control order. Judges: Laws, Jackson, Tomlinson LJJ Citations: [2011] EWCA Civ 710 Links: Bailii Statutes: Prevention of Terrorism Act 2005 Jurisdiction: England and Wales Crime Updated: 20 December 2022; Ref: scu.441048
The application challenged an alteration to the control order imposed on him. Judges: Beatson J Citations: [2007] EWHC 2237 (Admin) Links: Bailii Statutes: Prevention of Terrorism Act 2005 Jurisdiction: England and Wales Crime, Human Rights Updated: 06 December 2022; Ref: scu.259654
The claimant sought to challenge a control order made against him under the 2005 Act. He had not cross examined the prosecution witnesses saying that the procedure was unfair in that he had not been allowed to see all the evidence against him. He said that the evidence did not justify the finding of reasonable … Continue reading Secretary of State for the Home Department v AL: Admn 17 Aug 2007
The judge had made an order on the basis that a non-derogating control order was flawed. The order had been appealed successfully. He now faced a question, at the directions stage, as to whether he could hear the case again after it was remitted to his division. Held: He could indeed hear the case. The … Continue reading Secretary of State for the Home Department v AF: Admn 30 Nov 2007
Judges: Keith J Citations: [2009] EWHC 572 (Admin) Links: Bailii Statutes: Prevention of Terrorism Act 2005 3(10) Jurisdiction: England and Wales Crime Updated: 04 December 2022; Ref: scu.324659
Judges: Mitting J Citations: [2009] EWHC 902 (Admin) Links: Bailii Statutes: Prevention of Terrorism Act 2005 Jurisdiction: England and Wales Cited by: Cited – AR v Secretary of State for the Home Department Admn 15-Jul-2009 The claimant appealed against the refusal of the Home Secretary to vary the control order made against him under the … Continue reading Secretary of State for the Home Department v AV: Admn 30 Apr 2009
Appeal by AF from an order refusing an application that a hearing under section 3(10) of the Prevention of Terrorism Act 2005 should be before a judge other than Ouseley J and made two declarations Judges: Sir Anthony Clarke MR Citations: [2008] EWCA Civ 117, [2008] ACD 55, [2008] 1 WLR 2528 Links: Bailii Statutes: … Continue reading Secretary of State for the Home Department v AF: CA 22 Feb 2008
The Secretary appealed against the refusal of renewal of a control order. It had been said that the secretary had failed properly to consider on the renewal whether there was sufficient evidence to justify instead a prosecution. Held: The appeal succeeded. The formal consideration of the possibility of a prosecution was a continuing one, but … Continue reading Secretary of State for the Home Department v E and S: CA 17 May 2007
Challnge to restriction order on suspected terrorist. Judges: Beatson J Citations: [2007] EWHC 804 (Admin) Links: Bailii Statutes: Prevention of Terrorism Act 2005 Jurisdiction: England and Wales Crime Updated: 22 November 2022; Ref: scu.251164
Applications as to Terrorism Prevention and Investigation Measures. Judges: Collins J Citations: [2012] 1 WLR 2734, [2012] ACD 65, [2012] EWHC 714 (Admin) Links: Bailii Statutes: Prevention of Terrorism Act 2005, Terrorism Prevention and Investigation Measures Act 2011 Jurisdiction: England and Wales Crime Updated: 06 October 2022; Ref: scu.452386
The claimant, subject to a non-derogating control order, appealed against a refusal of the defendant to make certain modifications to it. Judges: Silber J Citations: [2011] EWHC 2486 (Admin) Links: Bailii Statutes: Prevention of Terrorism Act 2005 2 3(1) Crime, Human Rights Updated: 20 September 2022; Ref: scu.444867
CD challenged the decision by the respondent to make him subject to a control order by way of a review under section 3(10) of the 2005 Act. Held: The decision was justified. Judges: Owen J Citations: [2011] EWHC 2087 (Admin) Links: Bailii Statutes: Prevention of Terrorism Act 2005 3(10) Jurisdiction: England and Wales Crime Updated: … Continue reading Secretary of State for The Home Department v CD: Admn 29 Jul 2011
The defendant said that the control order applied to him was flawed, saying that the defendant had a public law duty ‘to make provision that allows individuals subject to control orders a reasonable opportunity to demonstrate that the control order obligations are no longer necessary; and has breached that duty.’ Judges: Davis J Citations: [2011] … Continue reading Secretary of State for The Home Department v BF: Admn 18 Jul 2011
Judges: Silber J Citations: [2008] EWHC 585 (Admin) Links: Bailii Statutes: Prevention of Terrorism Act 2005 Jurisdiction: England and Wales Crime Updated: 07 September 2022; Ref: scu.266238
Citations: [2008] EWHC 132 (Admin) Links: Bailii Statutes: Prevention of Terrorism Act 2005 Jurisdiction: England and Wales Human Rights, Criminal Practice Updated: 22 August 2022; Ref: scu.264060
The applicant was subject to a non-derogating control order. He contended that once the improperly admitted evidence was discounted, the respondent could no longer establish reasonable suspicion that he might be involved in terrorist activity. Judges: Wilkie J Citations: [2009] EWHC 3390 (Admin) Links: Bailii Statutes: Prevention of Terrorism Act 2005 3(10) Jurisdiction: England and … Continue reading Secretary of State for The Home Department v Saadi: Admn 21 Dec 2009
Judges: Wilkie J Citations: [2009] EWHC 3053 (Admin) Links: Bailii Statutes: Prevention of Terrorism Act 2005 3(10) Jurisdiction: England and Wales Crime Updated: 11 August 2022; Ref: scu.384459
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
The claimant was subject to a control order under the 2005 Act. The court was asked whether it could properly continue without him having sufficient knowledge of the allegations and evidence to be able to defend himself. Judges: Collins J Citations: [2009] EWHC 2564 (Admin) Links: Bailii Statutes: Prevention of Terrorism Act 2005 2(1) Jurisdiction: … Continue reading Secretary of State for the Home Department v AS: Admn 21 Oct 2009
The claimant was subject to a stringent control order. The regime imposed had adversely affected his mental health and an application was now made to relax the conditions. Judges: Ouseley J Citations: [2008] EWHC 1382 (Admin) Links: Bailii Statutes: Prevention of Terrorism Act 2005 Jurisdiction: England and Wales Crime Updated: 03 August 2022; Ref: scu.270288
The defendant challenged the inclusion in a control order of an order to submit to personal searches. The Secretary of State appealed against a refusal of the order to ermit the searches. Held: The appeal failed. Such orders were made solely under the 2005 Act, and the section gave an exhaustive list of the possible … Continue reading Secretary of State for the Home Department v GG: CA 23 Jul 2009
The claimant appealed against the refusal of the Home Secretary to vary the control order made against him under the 2005 Act. Held: The organisation of which the applicant was a member might soon enter into a settlement with the Libyan Government which event may be supported by the applicant allowing a relaxation of his … Continue reading AR v Secretary of State for the Home Department: Admn 15 Jul 2009
Citations: [2007] EWHC 2001 (Admin) Links: Bailii Statutes: Prevention of Terrorism Act 2005 2 Jurisdiction: England and Wales Crime Updated: 28 July 2022; Ref: scu.259644
Each claimant appealed against refusal of the Secretary to vary the non-derogating control orders to which they were subject. Held: When the Secretary of State makes the decision to make a control order on a materially erroneous basis, the decision should be held to be flawed and will normally be quashed. Judges: Mitting J Citations: … Continue reading Secretary of State for the Home Department v AT and AW: Admn 20 Mar 2009
A control order under the 2005 Act could not include a right for officers to conduct a personal search. However a 16-hour per day curfew together with a relocation from Derby to Chesterfield and which presented no difficulties for family visits was upheld. Judges: Collins J Citations: [2009] EWHC 142 (Admin) Links: Bailii Statutes: Prevention … Continue reading Secretary of State for the Home Department v GG: Admn 12 Feb 2009
Judges: Mitting J Citations: [2008] EWHC 3164 (Admin) Links: Bailii Statutes: Prevention of Terrorism Act 2005 Jurisdiction: England and Wales Cited by: See Also – AR v Secretary of State for the Home Department Admn 15-Jul-2009 The claimant appealed against the refusal of the Home Secretary to vary the control order made against him under … Continue reading Secretary of State for the Home Department v AR: Admn 19 Dec 2008
Citations: [2012] EWCA Civ 418, [2012] 1 WLR 3259, [2012] WLR (D) 112 Links: Bailii, WLRD Statutes: Prevention of Terrorism Act 2005 2(1) 3(10) Jurisdiction: England and Wales Crime, Immigration Updated: 19 July 2022; Ref: scu.452435
The court reviewed the need for the control order made against AP. Judges: Keith J Citations: [2008] EWHC 2001 (Admin) Links: Bailii Statutes: Prevention of Terrorism Act 2005, European Convention on Human Rights 8 Jurisdiction: England and Wales Cited by: Appeal from – AP v Secretary Of State for the Home Department CA 15-Jul-2009 . … Continue reading Secretary of State for the Home Department v AP: Admn 12 Aug 2008
The applicant sought to caallenge the control order to which he was subject and applied for greater disclosure of the materials constituting the case against him. Judges: Ouseley J Citations: [2008] EWHC 1993 (Admin) Links: Bailii Statutes: Prevention of Terrorism Act 2005 Jurisdiction: England and Wales Crime Updated: 19 July 2022; Ref: scu.272303
The applicants sought variation of the control orders imposed on them under the 2005 Act. Judges: Mitting J Citations: [2008] EWHC 1895 (Admin), [2009] 1 WLR 2318, [2009] 1 All ER 439, [2008] ACD 84 Links: Bailii Statutes: Prevention of Terrorism Act 2005 Jurisdiction: England and Wales Crime Updated: 18 July 2022; Ref: scu.271294
The claimant who was subject to a control order under the 2005 Act, sought relaxation of the conditions to allow him to attend a course to study Chemistry and Biology. Judges: Silber J Citations: [2008] EWHC 1743 (Admin) Links: Bailii Statutes: Prevention of Terrorism Act 2005 2 3 Jurisdiction: England and Wales Crime Updated: 18 … Continue reading AE v Secretary of State for the Home Department: Admn 21 Jul 2008
Citations: [2008] EWHC 453 (Admin) Links: Bailii Statutes: Prevention of Terrorism Act 2005 Crime, Human Rights Updated: 14 July 2022; Ref: scu.266148
The applicants complained that they had been made subject to non-derogating control orders as suspected terrorists, but that the failure to inform them of the allegations or evidence against them was unfair and infringed their human rights. The material was withheld in the interests of national security. Held: The failure to supply the defendants with … Continue reading Secretary of State for the Home Department v AF AN and AE (No 3): HL 10 Jun 2009
The claimant challenged a control order made against him, saying that the respondent had renewed the order despite failing to keep under review the possibility of prosecuting him, and that his mental health had suffered as a result of the order and that that had not been taken account of. Held: Ony very limited weight … Continue reading Secretary of State for the Home Department v E: Admn 16 Feb 2007
The Secretary of State appealed a declaration that the restrictions imposed on the complainant under the 2005 Act were an infringement of his human rights, and a declaration of incompatibility as regards section 3. Held: The appeal succeeded. The availability of a judicial review of the orders made was sufficient to provide a protection. The … Continue reading Secretary of State for the Home Department v MB: CA 1 Aug 2006
The applicants had challenged non-derogating control orders restricting his liberty on the basis that he was suspected of terrorist intentions. The Home Secretary appealed an order finding the restrictions to be unlawful. Held: The Home Secretary’s appeal failed. The restrictions imposing an 18 hours a day curfew, and additional substantial movement and association restrictions amounted … Continue reading Secretary of State for the Home Department v JJ and others: CA 1 Aug 2006
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
The court re-considered a control order made on the basis of material withheld from the defendant. The Secretary of State had now withdrawn his reliance on that material, rather than make further disclosures. The prosecution invited the court to undertake not the exercise required by section 3(10) of the 2005 Act – to determine whether … Continue reading Secretary of State for the Home Deparment v AN: Admn 31 Jul 2009
The claimant had been released on licence after conviction for an offence under the 2000 Act. He was subject to a terrorism prevention and investigation measure for a year, but now appealed against a rejection of his request for a variation of the conditions. Judges: Mitting J Citations: [2016] EWHC 1970 (Admin) Links: Bailii Statutes: … Continue reading The Secretary of State for The Home Department v EB: Admn 29 Jul 2016
The defendant faced charges of having breached a control order. He said that it was invalid since it appeared to delegate to a police officer the setting of the precise terms of his reporting obligations, saying that this was a function reserved to the Secretary of State. Held: The order was valid. The order was … Continue reading Regina v D (Control Orders): CACD 3 May 2007
Appeal against second renewal of terrorism control order. Judges: Ouseley J Citations: [2011] EWHC 1478 (Admin), [2011] ACD 87, [2011] 1 WLR 2917 Links: Bailii Statutes: Prevention of Terrorism Act 2005 Jurisdiction: England and Wales Crime Updated: 08 May 2022; Ref: scu.440860
The court was asked whether a flaw in the procedures adopted in making the control order agianst the respondent were fatal to its validty Collins J [2016] EWHC 1845 (Admin) Bailii Prevention of Terrorism Act 2005 3 Criminal Practice Updated: 20 January 2022; Ref: scu.567397
The applicant was subject to a non-derogating control order. The court was asked (1) whether a ‘controlled person’ to whom the Secretary of State has given notice of modification under section 7(2)(d) and (8)(c) 2005 Act, may seek to challenge or reverse its implementation in an interlocutory application for an injunction, either in the course … Continue reading BX v Secretary of State for The Home Department: CA 4 May 2010
The claimant was subject to a non-derogating control order under the 2005 Act. A relaxation was sought to allow him to visit his solicitors. But was offered subject to conditions which included a requirement that he be subject to a personal search. The claimant said that the Act did not contain a power to require … Continue reading BH v Secretary of State for The Home Department: Admn 17 Nov 2009
The newspaper applied to challenge the protection of the identity of the defendant subject to a control order under the 2005 Act. It said that there was no basis for the making of the order without first considering the Human Rights need for open justice. Held: The general purpose of the control order related to … Continue reading Times Newspapers Ltd v Secretary of State for the Home Department and AY: Admn 17 Oct 2008
The claimant challenged the terms of the control order made against him under the 2005 Act saying that it was too restrictive. Though his family was in London, the control order confined him to a house many miles away for 16 hours a day. Held: AP’s appeal was allowed. It was wrong to blame the … Continue reading Secretary of State for The Home Department v AP: SC 16 Jun 2010
The claimants were subject to non-derogating control orders, being non EU nationals suspected of terrorism. They now said that they had not had a compatible hearing as to the issue of whether they were in fact involved in terrorist activity. Held: Applying MB, ‘it is wrong to say that a hearing of the critical issue … Continue reading Secretary of State for the Home Department v AF AM and AN etc: CA 17 Oct 2008
The applicant, who was subject to a control order, complained that the respondent had failed as required to keep under review the possibility of a prosecution, and had renewed the order without satisfying that requirement. Held: The appeal failed. Though the respondent had failed as described, that did not make the renewal of the control … Continue reading Secretary of State for the Home Department v E and Another: HL 31 Oct 2007
Non-derogating control orders – HR Compliant MB and AF challenged non-derogating control orders made under the 2005 Act, saying that they were incompatible with their human rights. AF was subject to a curfew of 14 hours a day, wore an electronic tag at all times, could not leave a nine square mile area, and had … Continue reading Secretary of State for the Home Department v MB; Same v AF: HL 31 Oct 2007
A non-derogating control order had been made without the disclosure required by the decision of the House of Lords in Secretary of State for the Home Department v AF (No. 3) [2009] UKHL 28; [2010] 2 AC 269. The issue was whether it should be . .
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Review of control order. . .
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The claimant, who was suspected of terrorist activities but against whom no criminal charges had been established, complained that a control order imposed on him was so extensive as to amount to a deprivation of liberty. Held: The order was a nullity. It was so extensive as to amount to a deprivation of liberty and … Continue reading Secretary of State for the Home Department v AF: Admn 30 Mar 2007
ECJ Opinion – Combating of money laundering and terrorism financing – Directive 2005/60/EC – Obligation on credit institutions to declare suspicious financial transactions – Institutions operating under the freedom to provide services – Identification of national financial information unit responsible for collecting information – Interpretation of Article 22(2) of Directive 2005/60 – Restriction on the … Continue reading Jyske Bank Gibraltar Ltd v Administracion Del Estado: ECJ 4 Oct 2012
The applicant had dual Iraqi and British nationality. He was detained by British Forces in Iraq under suspicion of terrorism, and interned. Held: His appeal failed. The UN resolution took priority over the European Convention on Human Rights where there was a conflict between them. ‘If the Security Council, acting under Chapter VII, consider that … Continue reading Al-Jedda v Secretary of State for Defence: CA 29 Mar 2006
The appellants had challenged the lawfulness of being stopped and searched by police. The officers relied on an authorisation made under the 2000 Act. They had been on their way to attending an arms fair, intending to demonstrate. Held: The Act was to be interpreted without deference to the respondent, and because of the powers … Continue reading Gillan and Quinton, Regina (on the Application of) v Commissioner of Police for the Metropolis and Another: CA 29 Jul 2004
Freedom of Expression is Fundamental to Society The appellant had published a ‘Little Red Schoolbook’. He was convicted under the 1959 and 1964 Acts on the basis that the book was obscene, it tending to deprave and corrupt its target audience, children. The book claimed that it was intended to teach school children about sex, … Continue reading Handyside v The United Kingdom: ECHR 7 Dec 1976
ECJ Judgment – Prevention of the use of the financial system for the purposes of money laundering and terrorist financing – Directive 2005/60/EC – Article 22(2) – Decision 2000/642/JHA – Requirement to report suspicious financial transactions applicable to credit institutions – Institution operating under the rules on the freedom to provide services – Identification of … Continue reading Jyske Bank Gibraltar Ltd v Administracion Del Estado: ECJ 25 Apr 2013
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
(Orse Kebeline) The DPP’s appeal succeeded. A decision by the DPP to authorise a prosecution could not be judicially reviewed unless dishonesty, bad faith, or some other exceptional circumstance could be shown. A suggestion that the offence for which a prosecution was authorised was framed so as to breach the accused’s human rights was to … Continue reading Regina v Director of Public Prosecutions, ex parte Kebilene and others: HL 28 Oct 1999