Court : House of Lords
..... which it paid to law discovered the odium of its procedure to the world. but the so-called principle - the principle of prevention, the comprehensive principle - avoids the odium of that brutality of the terror. the analogy is with a practice, more silent, more sinister - with the lettres de cachet of louis quatorze. no trial ..... the forces of his allies" are introduced in the latter after the words "his majesty's forces." now the only way contemplated in the earlier act of preventing persons from doing something prohibited by the regulations, or omitting to do something enjoined by them, is by trial and punishment before courts-martial. the ..... authorize the trial in defined ways and the punishment of persons committing offences against the regulations, and in particular against any of the provisions of regulations designed to prevent certain acts or secure certain results described under five heads ( a ) to ( e ). this is a section (1.) empowering the issue of regulations for a defined .....
Tag this Judgment!Court : House of Lords
..... by an order (the terrorism act 2000 (proscribed organisations) (amendment) order 2001 (si 2001/1261)) made on 28 march 2001 and coming into force on the following day. 202. the 2000 act did not provide for exclusion orders of the type permitted by section 5 of the prevention of terrorism (temporary provisions) act 1989 or for detention of ..... detain a foreign national who had not been charged with a criminal offence and wished to leave the uk could readily be defended as tending to prevent him committing acts of terrorism aimed at the uk. assuming, as one must, that there is a public emergency threatening the life of the nation, measures which derogate ..... the type permitted by section 36 of the northern ireland (emergency provisions) act 1996. both those statutes were repealed. (large scale .....
Tag this Judgment!Court : House of Lords
..... procedure were to be contained in a statutory instrument subject to annulment in pursuance of a resolution of either house. the schedule to the prevention of terrorism act 2005 contains detailed provisions governing the making of procedural rules, varying the ordinary rules of procedural fairness, in the context of control orders. ..... interests of the prisoner. (3) the northern ireland (remission of sentences) act 1995 came into force on 17 november 1995 (si 1995/2945) and was significantly amended by the terrorism act 2000. section 1(3) of the 1995 act empowered the secretary of state to revoke the licence of a person released ..... significant a departure from ordinary standards of procedural fairness. 27. schedule 3 to the terrorism act 2000, governing the proscribed organisations appeal commission, contained provisions very similar to those already noted in the special immigration appeals commission act 1997, including (in paragraph 7) provision for special advocates, and was followed by .....
Tag this Judgment!Court : House of Lords
..... his certificate was revoked and a control order (currently the subject of an application for judicial review) was made under the prevention of terrorism act 2005, enacted to replace part 4 of the 2001 act. events followed a similar pattern in the cases of e, a and h, save that none was transferred to broadmoor ..... of national security most notably appeals to siac under section 2 of the special immigration appeals commission act 1997 against deportation orders, and statutory applications to the administrative court challenging control orders under the prevention of terrorism act 2005. for the reasons already given, however, it seems unlikely that the exclusionary rule concerning coerced statements ..... appellants' right of appeal to the house against the court of appeal's decision under section 7 of the 1997 act is preserved by section 16(4) of the prevention of terrorism act 2005, and no question now arises as to the competency of any of these appeals. the common law 10. the appellants .....
Tag this Judgment!Court : House of Lords
..... lord hoffmann my lords, 30. the questions in these appeals are whether the terms of certain control orders made by the secretary of state under the prevention of terrorism act 2005 are compatible with article 5.1 of the european convention on human rights and whether the procedure by which they were made is compatible with article ..... a judgment given on 28 june 2006 sullivan j held that obligations imposed on the respondents in control orders made by the secretary of state under the prevention of terrorism act 2005 deprived the respondents of their liberty in breach of article 5 of the european convention on human rights and that the orders should be quashed: ..... united kingdom or overseas. none has been charged with or prosecuted for any offence related to terrorism. 4. the prevention of terrorism act 2005 was enacted on 11 march 2005. it repealed part 4 of the anti-terrorism, crime and security act 2001, including section 23, which the house had found to be incompatible with articles 5 and .....
Tag this Judgment!Court : House of Lords
..... warrant to the serious fraud office. the powers to obtain search warrants under the prevention of terrorism (temporary provisions) act 1989 were similar to those in pace and contained similar protection in respect of documents covered by lpp. the same is true of the terrorism act 2000. the power of a circuit judge to make an access order under ..... in a police station in england, wales or northern ireland to a private consultation with a solicitor under para 7(1) of schedule 8 to the terrorism act 2000 act, unless a direction is given under para 9 that this is to be in the sight and hearing of a qualified officer, is matched in scotland ..... any of the following statutory provisions: (a) article 59 of the police and criminal evidence (northern ireland) order 1989; (b) paragraph 7 of schedule 8 to the terrorism act 2000; and (c) rule 71 of the prison and young offenders centre rules (northern ireland) 1995 by permitting covert directed surveillance of such onsu1tations? 2. do paragraphs 3 .....
Tag this Judgment!Court : House of Lords
..... to them a remedy allowing the competent court to examine not only compliance with the procedural requirements set out in section 12 of the 1984 [prevention of terrorism] act but also the reasonableness of the suspicion grounding the arrest and the legitimacy of the purpose pursued by the arrest and the ensuing detention. in the ..... secretary of state must have regard to - (a) the need to protect the public from serious harm from offenders, and (b) the desirability of preventing the commission by them of further offences and of securing their rehabilitation. when exercising its responsibilities therefore the parole board must consider any documentary material provided by ..... 2008] 2 car (s) 49 where it was decided that an ipp should not be passed where other available sentences, including, for example, a sexual offences prevention order, would minimise the risk otherwise presented by the offender. 103. as the court is required to make an informed predictive assessment at the date of sentence .....
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