Secretary of State for the Home Department, R (on the application of) v AH [2008] EWHC 1045 (Admin) (23 April 2008)

Article 6 ECHR does not require the Secretary of State to waive the NCND policy in this case because the Secretary of State is not relying on the alleged meetings or their contents, and the controlled person is not prevented from advancing his own case about them.

Citation: [2008] EWHC 1045 (Admin)
Parties: Claimant: Secretary of State for the Home Department; Defendant: AH; Special Advocate: AH (Special Advocates)
Jurisdiction: England and Wales
Judgment Date: 23 April 2008
Procedural Posture: Judicial Review / Interlocutory Ruling
Outcome: application refused
Legal Topics: NCND Policy, Article 6 ECHR, Closed Material Procedures, Special Advocates, Fair Trial Rights

Public Law National Security Human Rights NCND Policy Article 6 ECHR Closed Material Procedures Special Advocates Fair Trial Rights

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Parties

Secretary of State for the Home Department

Claimant

Defendant

AH (Special Advocates)

Special Advocate

Procedural Posture

Judicial Review / Interlocutory Ruling

Legal Issues

1 Whether Article 6 ECHR requires the Secretary of State to waive the NCND (Neither Confirm Nor Deny) policy regarding alleged meetings with the Security Service
2 Whether the controlled person is entitled to question Security Service witnesses about such meetings

Ratio Decidendi

Court Disposition

application refused

Orders

Security Service witness permitted to decline to answer questions about the claimed meetings
No formal prohibition on asking questions, but witness need not answer and advocate will not press the point