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02 February 2012
Issue: 7499 / Categories: Case law , Law digest , In Court
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Terrorism

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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Jurit LLP—Caroline Williams

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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