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:
[2009] EWHC 512 (Admin)
Links:
Statutes:
Prevention of Terrorism Act 2005
Jurisdiction:
England and Wales
Cited by:
Cited – 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 The Secretary of State had now withdrawn his reliance on that material, rather than make further disclosures.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 . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 23 July 2022; Ref: scu.323740