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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Lawyers can no longer afford to ignore the metaverse, says Jacqueline Watts of Allin1 Advisory in this week's NLJ. Far from being a passing tech fad, virtual platforms like Roblox host thriving economies and social interactions, raising real legal issues
back-to-top-scroll