The Weekly Law Reports
[2007] 3 WLR 681
House of Lords
Secretary of State for the Home Department
v
MB
Same
v
AF
[2007] UKHL 46
2007 July 5,
9,
10,
11,
12,
13;
Oct 31
Oct 31
Lord Bingham of Cornhill, Lord Hoffmann, Baroness Hale of Richmond, Lord Carswell and Lord Brown of Eaton-under-Heywood
Human rights
— Right to fair trial
— Suspected international terrorists
— Home Secretary issuing non-derogating control orders
— Court hearing to consider whether Secretary of State's orders flawed
— Justification for orders contained in closed material
— Essence of closed material not disclosed to suspected terrorists
— Whether statutory provisions for supervision by court compatible with right to fair hearing
— Whether non-derogating control order constituting criminal charge
— Extent of procedural protection required by Convention right
—
Human Rights Act 1998 (c 42), Sch. 1, Pt I, art 6
—
Prevention of Terrorism Act 2005 (c 2), s. 3, Sch, para 4
Human rights
— Right to liberty
— Suspected international terrorists
— Home Secretary issuing non-derogating control order
— Suspected terrorist required to remain within specified residence 14 hours per day and otherwise confined to small urban area
— Prohibition on contact with other persons without prior authorisation
— Whether obligations amounting to deprivation of liberty
—
Human Rights Act 1998 (c 42), Sch. 1, Pt I, art 5
—
Prevention of Terrorism Act 2005 (c 2), s. 2