CC v The Commissioner of Police of the Metropolis & Anor [2011] EWHC 3316 (Admin) (20 December 2011)

CC v The Commissioner of Police of the Metropolis & Anor [2011] EWHC 3316 (Admin) (20 December 2011)

The Schedule 7 powers were not lawfully exercised in this case because the officers had already determined that the claimant appeared to be a terrorist and the predominant purpose of the examination was to gather intelligence for control order proceedings, not to determine whether he appeared to be a terrorist as required by the statute.

Citation
[2011] EWHC 3316 (Admin)
Parties
Claimant: CC; 1st Defendant: The Commissioner of Police of the Metropolis; 2nd Defendant: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
20 December 2011
Procedural Posture
Judicial Review / High Court Judgment
Outcome
Claim allowed
Legal Topics
Terrorism, Police Powers, Detention, Judicial Review, Control Orders, Right to Legal Advice
Public Law Criminal Law Human Rights Terrorism Police Powers Detention Judicial Review Control Orders +1 more

Case Brief

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Parties

CC

Claimant

The Commissioner of Police of the Metropolis

1st Defendant

Secretary of State for the Home Department

2nd Defendant

Procedural Posture

Judicial Review / High Court Judgment

Legal Issues

  1. 1 Whether the exercise of Schedule 7 powers under the Terrorism Act 2000 against the claimant was lawful
  2. 2 Whether the predominant purpose of the examination was to determine if the claimant appeared to be a terrorist or to gather intelligence for control order proceedings
  3. 3 Whether the claimant was entitled to consult a solicitor at public expense during detention

Ratio Decidendi

The Schedule 7 powers were not lawfully exercised in this case because the officers had already determined that the claimant appeared to be a terrorist and the predominant purpose of the examination was to gather intelligence for control order proceedings, not to determine whether he appeared to be a terrorist as required by the statute.

Court Disposition

Claim allowed

Orders

  • Declaration that the exercise of Schedule 7 powers in this case was unlawful