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 elements of an order. The draftsmanship suggested that what was not included was excluded. No power of personal search was listed. If it was not a deliberate omission, it was still for parliament to remedy it. The fundamental common law rights of personal security and personal liberty prevented any official search of an individual’s person without explicit statutory authority. Applying the principle of legality, it held that section 1(3) of the Prevention of Terrorism Act 2005 was insufficiently clear to indicate that Parliament intended to abrogate the controlee’s fundamental rights that were in play.
Judges:
Lord Justice Sedley, Lord Justice Dyson and Lord Justice Wilson
Citations:
[2009] EWCA Civ 786, Times 21-Oct-2009, [2010] 1 QB 585, [2010] 2 WLR 731
Links:
Statutes:
Prevention of Terrorism Act 2005 1(3)
Jurisdiction:
England and Wales
Citing:
Appeal from – Secretary of State for the Home Department v GG Admn 12-Feb-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 . .
Cited by:
Cited – 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. . .
Cited – AJA and Others v Commissioner of Police for The Metropolis and Others CA 5-Nov-2013
The Court was asked whether the Investigatory Powers Tribunal had the power to investigate whether police officers acrting as undercover agents, and having sexual relations with those they were themselves investigating had infringed the human rights . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 30 July 2022; Ref: scu.361457