BH v Secretary of State for The Home Department: Admn 17 Nov 2009

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 such a search. The defendant said that what was being asked for was merely a condition for agreement to the variation.
Held: Judicial review was refused because of the availablity of the appeal. The appeal failed. A search was a standard requirement for being provided with a police escort, and it was proper to require any visit to be escorted. The appeal failed.

Mitting J
[2009] EWHC 2938 (Admin)
Prevention of Terrorism Act 2005 3910)
England and Wales
CitedSecretary of State for the Home Department v GG CA 23-Jul-2009
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 . .
CitedL, Regina (On the Application of) v Commissioner of Police of the Metropolis SC 29-Oct-2009
Rebalancing of Enhanced Disclosure Requirements
The Court was asked as to the practice of supplying enhanced criminal record certificates under the 1997 Act. It was said that the release of reports of suspicions was a disproportionate interference in the claimants article 8 rights to a private . .

Lists of cited by and citing cases may be incomplete.


Updated: 09 November 2021; Ref: scu.380252