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Secretary of State for the Home Department v AS: Admn 21 Oct 2009

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

Al-Jedda v Secretary of State for Defence: CA 29 Mar 2006

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

Secretary of State for the Home Deparment v AN: Admn 31 Jul 2009

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 The Secretary of State had now withdrawn his reliance on that material, rather than make further disclosures.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

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