‘The Threat of Terrorism and the Fate of Control Orders’

December 16, 2009 | No Comments

This article, by Professor Clive Walker, examines the operation of control orders since their introduction by the Prevention of Terrorism Act 2005, and considers their future application. It discusses the impact of judicial review on the making of such orders, including the scope for challenges on the grounds of infringement of the European Convention on Human Rights 1950 arts 5 and 6. It considers the future possibilities in relation to control orders, namely;

(1) they will be abolished and not replaced;

(2) they will be curtailed by growing numbers of criminal prosecutions in terrorist cases;

(3) they will be replaced by alternative executive measures.

Publication: Public Law P.L. (2010) January Pages 4-17

Author: Clive Walker (Professor of Criminal Justice Studies, University of Leeds)

Document No.: AL6100447

Art. 05 Right to Liberty and Security, Art. 06 Right to a Fair Trial, Criminal Law and Criminal Procedure

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Formed in May 2009, the Scottish Human Rights Law Group is a non-affiliated, independent, professional network for those engaged in legal practice and study, in academia and politics, in campaigning and in the provision of advice. It exists to raise awareness and knowledge of human rights law in Scotland, and to provide a forum for discussion of matters of interest across the field. The group organises seminars and roundtable discussions on human rights and is accredited for the purposes of CPD.