header-logo header-logo

Public Law Update

10 January 2008
Issue: 7303 / Categories: Features
printer mail-detail

Control Order Cases

Secretary of State for the Home Department v JJ and Ors [2007] UKHL 45, [2007] All ER (D) 489 (Oct)

 

This case concerned the question of whether non-derogating control orders imposed on six individuals under the Prevention of Terrorism Act 2005 (PTA 2005) breached Art 5 (right to liberty) of the European Convention on Human Rights (the Convention).

 

PTA 2005 provides for control orders that place obligations and restrictions on individuals suspected of involvement in terrorism-related activity. There are two different types of control orders:

 

The derogating control order is more restrictive: it imposes obligat be incompatible with liberty under Art 5. D ing control orders can be made pursuant to order (made under th Human Rights Ac 1998, s 14 (1)) designat ing a derogation from Art 5 where there is “a public emergency ”. No designating order for a derogation from Art 5 has been made.

 

The non-derogating control order, where no derogation has been made from Art 5.

 

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Kingsley Napley—Claire Green

Kingsley Napley—Claire Green

Firm announces appointment of chief legal officer

Weightmans—Emma Eccles & Mark Woodall

Weightmans—Emma Eccles & Mark Woodall

Firm bolsters Manchester insurance practice with double partner appointment

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll