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Terrorism

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02 February 2012
Issue: 7499 / Categories: Case law , Law digest , In Court
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Secretary of State for the Home Department v CE [2011] EWHC 3159 (Admin), [2012] All ER (D) 108 (Jan)

It was established principle that, in cases involving an individual suspected of involvement in terrorism-related activities, an interference with rights under the European Convention of Human Rights might be more easily justified as proportionate because the object was to protect the public from the risk of terrorism. As the secretary of state was better placed than the court to decide the measures necessary to protect the public against terrorism, a degree of deference should be paid to the decisions of the secretary of state in that area.

Nevertheless, the court remained under an obligation to subject to intense scrutiny the necessity for each of the obligations imposed on an individual under a control order pursuant to s 2 of the Prevention of Terrorism Act 2005
 

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