Judges reject Government Appeal over Control Orders

18/08/2006

The Times has today reported the case of SSHD v JJ & Ors[2006] EWCA Civ 1141. The Home Secretary lost the Court of Appeal case against the ruling of Mr Justice Sullivan which said six control orders used against terror suspects broke European human rights laws. (The Times 18/08/06)

In the reserved judgment handed down on 1st August 2006, the Court of Appeal upheld the decision of the High Court to quash the orders. The control orders were quashed in the High Court at the end of June with Mr Justice Sullivan finding that Prevention of Terrorism Act 2005 does not permit the Secretary of State to make such control orders (which must be made by a court) > linked news story

This case is covered in our August 2006 Immigration Bulletin > click here to open

Ian Macdonald QC and Melanie Plimmer appeared for LL, instructed by Greater Manchester Immigration Aid Unit .

TIMELINE OF THE LEGAL BATTLE

October 2001 David Blunkett publishes Anti-Terrorism, Crime and Security Bill allowing indefinite detention of foreign terrorist suspects.

December 2001 Act becomes law. Eight suspects detained.

July 2002 Special Immigration Appeals Commission rules that the law is unlawful.

October 2002 Court of Appeal overrules decision.

December 2004 Law lords rule that the law is incompatible with the European Convention on Human Rights.

February 2005 Charles Clarke publishes new Prevention of Terrorism Bill allowing foreign and British suspects to be held in a form of house arrest.

March 2005 Prevention of Terrorism Bill becomes law.

April 2006 High Court rules that control orders break human rights laws.

June 2006 In separate High Court case, it is ruled that control orders break human rights laws.

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