Commissioner of Police of the Metropolis v Ahmed Aweys

Commissioner of Police of the Metropolis v Ahmed Aweys

On the balance of probabilities, the defendant's history of terrorism-related offences, repeated breaches of control measures, extremist mindset, and lack of engagement with interventions create a real and significant risk of future terrorism-related offending. Notification requirements alone are insufficient. The SCPO is necessary and proportionate to protect the public, with modifications to ensure compliance with Article 8 ECHR.

Parties
Claimant: Commissioner of Police of the Metropolis; Defendant: Ahmed Aweys
Jurisdiction
England and Wales
Judgment Date
21 January 2025
Procedural Posture
Application for Serious Crime Prevention Order / Final Judgment
Outcome
application granted
Legal Topics
Serious Crime Prevention Orders, Terrorism Related Offences, Risk Assessment, Article 8 ECHR, Proportionality, Notification Requirements
Criminal Law Counter Terrorism Public Law Serious Crime Prevention Orders Terrorism Related Offences Risk Assessment Article 8 ECHR Proportionality +1 more

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Parties

Commissioner of Police of the Metropolis

Claimant

Ahmed Aweys

Defendant

Procedural Posture

Application for Serious Crime Prevention Order / Final Judgment

Legal Issues

  1. 1 Whether the defendant has been involved in serious crime within the meaning of SCA 2007
  2. 2 Whether the defendant's offences are terrorism-related trigger offences under section 8A SCA 2007
  3. 3 Whether there are reasonable grounds to believe the SCPO would protect the public by preventing, restricting or disrupting involvement in serious crime

Ratio Decidendi

On the balance of probabilities, the defendant's history of terrorism-related offences, repeated breaches of control measures, extremist mindset, and lack of engagement with interventions create a real and significant risk of future terrorism-related offending. Notification requirements alone are insufficient. The SCPO is necessary and proportionate to protect the public, with modifications to ensure compliance with Article 8 ECHR.

Court Disposition

application granted

Orders

  • Serious Crime Prevention Order imposed for 3 years from 17 December 2024 to 17 December 2027
  • SCPO conditions as set out in the annex, including restrictions on communication devices, internet access, association, employment, financial accounts, and contact with children