| Source: | All England Reporter |
| Publisher Citation: | [2008] All ER (D) 123 (May) |
| Neutral Citation: | [2008] EWHC 1018 (Admin) |
| Court: | Queen's Bench Division, Administrative Court |
| Judge: | Mitting J |
| Representation | James Eadie QC and Katherine Grange (instructed by the Treasury Solicitor) for the Secretary of State. |
| Keir Starmer QC and Stephanie Harrison (instructed by Tyndallwoods) for the respondent in open sessions. | |
| Andrew Nicol QC and Justin Cole (instructed by the Treasury Solicitor Special Advocates' Support Office) for the respondent in closed sessions. | |
| Judgment Dates: | 9 May 2008 |
Catchwords
Human rights - Right to a fair hearing - Prevention of terrorism - Control order - Secretary of State making non-derogating control order against respondent - Basis of Secretary of State's reasonable suspicion of involvement in terrorism-related activity contained in closed material - Closed material disclosed to special advocates - Whether procedure compatible with right to a fair hearing - Whether decision that respondent involved in terrorism-related activity flawed - Whether control order depriving respondent of his liberty - Whether decision to make, renew and continue control order flawed - , art 5 - .
The Case
The making and renewal of a control order against the respondent pursuant to the was upheld and the appeal against its renewal and the Secretary of State's refusal to abrogate it was dismissed in circumstances where the procedural requirements of fairness had been satisfied, the obligations imposed by the control order had not engaged art 5 of the European Convention on Human Rights, and the Secretary of State's decision to make, renew and continue the order had not been flawed.
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