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24 January 2008
Issue: 7305 / Categories: Features , Public , Human rights , Constitutional law
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Fair controls

Control order legislation has led to human rights violation, say Ali Naseem Bajwa and Owen Davies QC

Following the House of Lords’ ruling in 2004 that the indefinite deten­tion of foreign nationals believed to be involved in terrorism was a breach of their human rights (see A v Secretary of State for the Home Department; X v Secre­tary of State for the Home Department [2004] UKHL 56, [2005] 3 All ER 169), the government response was to repeal the offending legislation and rush through an Act which introduced control orders; the Prevention of Terrorism Act 2005 (PTA 2005). However, PTA 2005 has been no less controversial than its predecessor and it has taken a considerable effort by the appellate courts to bring control orders and control order proceedings into line with our human rights obligations. Moreover, there is still a great deal of uncertainty as to where control orders will go from here.

 

WHAT IS A CONTROL ORDER?

A control order imposes obligations against an individual for purposes connected with

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
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