Secretary of State for the Home Department v AY [2010] EWHC 1860 (Admin) (26 July 2010)

Secretary of State for the Home Department v AY [2010] EWHC 1860 (Admin) (26 July 2010)

An acquittal on terrorism charges does not preclude the Secretary of State from imposing a control order based on the same material, provided there is no reasonable prospect of successful prosecution and the requirements of section 2(1) of the Prevention of Terrorism Act 2005 are satisfied. The Secretary of State is not bound by prosecutorial decisions regarding evidence deployment. There were reasonable grounds for suspecting AY's involvement in terrorism-related activity, and the control order and its obligations were necessary and proportionate.

Citation
[2010] EWHC 1860 (Admin)
Parties
Applicant/respondent: Secretary of State for the Home Department; Respondent/appellant: AY
Jurisdiction
England and Wales
Judgment Date
26 July 2010
Procedural Posture
Control Order Review Under Prevention of Terrorism Act 2005 / Section 3(10) Hearing; Review of Renewal of Control Order
Outcome
Control order upheld; appeal dismissed
Legal Topics
Control Orders, Terrorism Related Activity, Judicial Review, Acquittal and Subsequent Administrative Action, Evidentiary Standards
Public Law National Security Criminal Law Control Orders Terrorism Related Activity Judicial Review Acquittal and Subsequent Administrative Action Evidentiary Standards

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Parties

Secretary of State for the Home Department

Applicant/respondent

AY

Respondent/appellant

Procedural Posture

Control Order Review Under Prevention of Terrorism Act 2005 / Section 3(10) Hearing; Review of Renewal of Control Order

Legal Issues

  1. 1 Whether an acquittal on terrorism charges precludes the imposition of a control order based on the same material
  2. 2 Whether reliance on evidence not adduced at trial but available to prosecution is an abuse of process
  3. 3 Whether there are reasonable grounds for suspecting AY's involvement in terrorism-related activity

Ratio Decidendi

An acquittal on terrorism charges does not preclude the Secretary of State from imposing a control order based on the same material, provided there is no reasonable prospect of successful prosecution and the requirements of section 2(1) of the Prevention of Terrorism Act 2005 are satisfied. The Secretary of State is not bound by prosecutorial decisions regarding evidence deployment. There were reasonable grounds for suspecting AY's involvement in terrorism-related activity, and the control order and its obligations were necessary and proportionate.

Court Disposition

Control order upheld; appeal dismissed

Orders

  • The control order imposed on AY is confirmed and remains in force.
  • Nothing should be published that would tend to identify AY, pursuant to paragraph 5 of Schedule 5 to the Prevention of Terrorism Act 2005.