AN V Secretary of State for the Home Department : Secretary of State for the Home Department v (1) AE (2) AF

August 10, 2010 | No Comments

Where a non-derogating control order made pursuant to the Prevention of Terrorism Act 2005 was legally flawed it attracted the usual consequence of a legally flawed administrative act, which was quashing ab initio. The secretary of state had acted unlawfully in moving towards the making of a number of non-derogated control orders when, in order to justify them, he needed to rely on material which he was not willing to disclose, and accordingly the control orders were quashed with retrospective effect from the date on which they were made.

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Art. 06 Right to a Fair Trial, Misc.

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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.