Secretary of State for the Home Department, R (on the application of) v AH
Article 6 ECHR does not require the Secretary of State to waive the NCND policy in this case, as she is not relying on the meetings or their contents, and the defendant is not prevented from advancing his own case about the meetings.
- 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 to waive NCND policy refused
- Legal Topics
- NCND Policy, Article 6 ECHR, Closed Material Procedures, Fair Trial Rights
Case Brief
Summary, issues, holding and outcome
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Parties
Secretary of State for the Home Department
Claimant
AH
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 policy to permit questioning about alleged meetings with the Security Service
- 2 Whether the controlled person's fair trial rights are infringed by the application of the NCND policy
Ratio Decidendi
Article 6 ECHR does not require the Secretary of State to waive the NCND policy in this case, as she is not relying on the meetings or their contents, and the defendant is not prevented from advancing his own case about the meetings.
Court Disposition
application to waive NCND policy refused
Orders
- Security Service witness permitted to decline to answer questions about the claimed meetings
- No formal prevention of questions, but witness need not answer and advocate will not press the point
Full Case Text
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