An anti-terrorist control order had been made, inter alia on the basis of evidence which had been withheld from the defendant. That now being seen to be unlawful, the Secretary of State had withdrawn that evidence. The court was asked whether the order could continue.
Held: In a case in which the core allegations or essential case have been withdrawn, the decision of the Secretary of State, which must have been based upon them, should be reviewed to determine whether it is capable of being supported by material which cannot have been at the forefront of her mind, which may be capable of being disentangled from that which was.
References: [2009] EWHC 1572 (Admin), [2010] 1 All ER 847
Links: Bailii
Jurisdiction: England and Wales
This case is cited by:
- Cited – Secretary of State for the Home Deparment v AN Admn 31-Jul-2009 (, [2009] EWHC 1966 (Admin))
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 The Secretary of State had now withdrawn his reliance on that material, rather than make further disclosures.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 . .
These lists may be incomplete.
Last Update: 24 September 2020; Ref: scu.347440
