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

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
back-to-top-scroll