header-logo header-logo

11 August 2011
Issue: 7478 / Categories: Case law , Law digest , In Court
printer mail-detail

Terrorism control orders

Secretary of State for the Home Department v CD (pursuant to the Prevention of Terrorism Act 2005) [2011] EWHC 2087 (Admin), [2011] All ER (D) 15 (Aug)

The issue that had to be scrutinised by the court was whether there were reasonable grounds for suspicion. That exercise might have involved considering a matrix of alleged facts, some of which were beyond reasonable doubt, some of which could be established on the balance of probability and some of which were based on no more than circumstances giving rise to suspicion.

The court had to consider whether that matrix amounted to reasonable grounds for suspicion and the exercise differed from that of deciding whether a fact had been established according to a specified standard of proof. It was the procedure for determining whether reasonable grounds for suspicion existed that had to be fair if Art 6 of the European Convention on Human Rights was to be satisfied.
 

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll