Hearings
England & Wales
11 Aug 2004 [2004] EWCA Civ 1123; [2005] 1 WLR 414, CA
08 Dec 2005 [2005] UKHL 71; [2006] 2 AC 221; [2005] 3 WLR 1249; [2006] 1 All ER 575, HL(E)
A v Secretary of State for the Home Department (No 2)
Subject Matter
HUMAN RIGHTS — Right to fair trial — Suspected international terrorist — Home Secretary issuing certificates to detain under temporary emergency statutory provisions — Detention on basis of reasonable belief and suspicion — Alleged reliance on evidence of third parties subject to torture in foreign state — Whether evidence admissable — Anti-terrorism, Crime and Security Act 2001, ss 21, 23, 25 — Special Immigration Appeals Commission (Procedure) Rules 2003, r 44(3) — Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (1990), art 15
[2004] EWCA Civ 1123; [2005] 1 WLR 414, CA
[2005] UKHL 71; [2006] 2 AC 221; [2005] 3 WLR 1249; [2006] 1 All ER 575, HL(E)
Appellate History
A v Secretary of State for the Home Department (No 2) [2004] EWCA Civ 1123; [2005] 1 WLR 414, CA
Decision of the Court of Appeal reversed
A v Secretary of State for the Home Department (No 2) [2005] UKHL 71; [2006] 2 AC 221; [2005] 3 WLR 1249; [2006] 1 All ER 575, HL(E)
Commentary
Blackstones Criminal Practice 2025
Evidence - Unlawfully Obtained Evidence
A7.75
Admissibility of Evidence Obtained Unlawfully, Improperly or Unfairly - Evidence Obtained by Torture or Inhuman or Degrading Treatment F2.4
Blackstones Civil Practice 2023
Relevance, Admissibility and the Discretion to Exclude - Evidence obtained unlawfully, improperly or unfairly
49.7
Articles of the Convention Incorporated into the Human Rights Act 1998 - Article 3: prohibition of torture 91.16