Secretary of State for the Home Department v GG (proceedings under the Prevention of Terrorism Act 2005) [2009] EWCA Civ 786, [2009] All ER (D) 247 (Jul)
The general language of s 1(3) of the Prevention of Terrorism Act 2005 was insufficient to authorise the inclusion of a control order of a general requirement to submit to searches of the person, whether on the demand of anyone authorised by the Home Secretary or only of a police officer.
The absence of such a power from the list of specific obligations in and following s 1(4) was as consistent with deliberate as with accidental omission. Even if the omission of a power to compel submission to personal search was a legislative oversight, however, it was not the role of the courts, in a matter touching fundamental liberties, to supply what Parliament might have inserted.
