Another control order ruled unlawful for breach of right to fair trial

AT v Secretary of State for the Home Department [2012] EWCA Civ 42 – Read Judgment

The Court of Appeal has upheld a challenge to a control order on the basis that the person subject to the order (‘the controllee’) had not been given sufficient information about the case against him.

How do you solve a problem like a suspected terrorist? For successive governments, the answer has proved to be far from straightforward, as the recent controversy surrounding radical cleric Abu Qatada has demonstrated.

The focus of this blog post is on yet another challenge to the imposition of a control order. Introduced by the Labour government in the Prevention of Terrorism Act 2005, a control order is a controversial tool used to restrict and monitor suspected terrorists. They have now been superseded by Terrorism Prevention and Investigation Measures (or “TPIMs”, described by some critics as “control orders lite”), which will in due course have their time in the legal spotlight. For now, there remain a small number of cases brought under the old control orders regime which are being determined. As this decision demonstrates, even their consignment to history has not shielded them from careful judicial scrutiny.

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