Secretary of State for the Home Department v MB: QBD 12 Apr 2006

The claimant complained at the control order by which restrictions were imposed on him as a suspected terrorist.
Held: The new provisions were declared incompatible with the applicant’s human rights. The procedures purported to allow judicial oversight of control orders. In practice that oversight was so limited as to be make the system an affront to justice. In this case the order itself was continued.

Judges:

Sullivan J

Citations:

Times 12-Apr-2006

Jurisdiction:

England and Wales

Cited by:

Appeal fromSecretary of State for the Home Department v MB CA 1-Aug-2006
The Secretary of State appealed a declaration that the restrictions imposed on the complainant under the 2005 Act were an infringement of his human rights, and a declaration of incompatibility as regards section 3.
Held: The appeal succeeded. . .
Lists of cited by and citing cases may be incomplete.

Human Rights, Criminal Practice

Updated: 12 April 2022; Ref: scu.240430