BH v Secretary of State for the Home Department

A personal search condition imposed as a requirement for varying a control order amounts to an obligation and is not authorised by section 1 of the Prevention of Terrorism Act 2005. The Secretary of State's refusal to relax curfew and boundary obligations unless the controlled person agreed to a personal search was lawful, as no unauthorised obligation was imposed.

Parties: Claimant/appellant: BH; Defendant/respondent: Secretary of State for the Home Department
Jurisdiction: England and Wales
Judgment Date: 17 November 2009
Procedural Posture: Judicial Review and Statutory Appeal / Judgment After Hearing of Appeal and Judicial Review Application
Outcome: Appeal dismissed
Legal Topics: Control Orders, Personal Search Conditions, Statutory Interpretation, Access to Legal Advice

Administrative Law Counter Terrorism Law Control Orders Personal Search Conditions Statutory Interpretation Access to Legal Advice

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Parties

Claimant/appellant

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Judicial Review and Statutory Appeal / Judgment After Hearing of Appeal and Judicial Review Application

Legal Issues

1 Whether a personal search condition can lawfully be imposed as a condition of varying a control order under the Prevention of Terrorism Act 2005
2 Whether the refusal to relax curfew and boundary obligations unless the controlled person agrees to a personal search is lawful

Ratio Decidendi

Court Disposition

Appeal dismissed