BH v Secretary of State for the Home Department [2009] EWHC 2938 (Admin) (17 November 2009)
A personal search obligation cannot lawfully be imposed as a condition for modifying curfew and boundary under a control order; such an obligation is not permitted by section 1 of the Prevention of Terrorism Act 2005.
- Citation
- [2009] EWHC 2938 (Admin)
- Parties
- Claimant/appellant: BH; Defendant/respondent: Secretary of State for the Home Department; Special Advocate: Mohammed Khamisa QC
- Jurisdiction
- England and Wales
- Judgment Date
- 17 November 2009
- Procedural Posture
- Judicial Review and Statutory Appeal / Final Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- Control Orders, Personal Search, Modification of Curfew, Prevention of Terrorism Act 2005, Police Powers
Case Brief
Summary, issues, holding and outcome
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Parties
BH
Claimant/appellant
Secretary of State for the Home Department
Defendant/respondent
Mohammed Khamisa QC
Special Advocate
Procedural Posture
Judicial Review and Statutory Appeal / Final Judgment
Legal Issues
- 1 Whether the Secretary of State can lawfully impose a personal search obligation as a condition for modifying control order curfew and boundary restrictions
- 2 Whether such a condition constitutes an enforceable obligation under the Prevention of Terrorism Act 2005
Ratio Decidendi
A personal search obligation cannot lawfully be imposed as a condition for modifying curfew and boundary under a control order; such an obligation is not permitted by section 1 of the Prevention of Terrorism Act 2005.
Court Disposition
Appeal dismissed
Orders
- Permission to apply for judicial review refused
- Statutory appeal dismissed
Full Case Text
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