The Law Reports (Appeal Cases)
[2008] AC 440
House of Lords
Secretary of State for the Home Department
v
MB
Same
v
AF
[2007] UKHL 46
2007 July 5,
9–
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, Sch 1, Pt I, art 5
—
Prevention of Terrorism Act 2005, s 2