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Terrorism

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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MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

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The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
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