Secretary of State for the Home Department, R (on the application of) v BC & Anor

Secretary of State for the Home Department, R (on the application of) v BC & Anor

Article 6 ECHR applies to the control orders imposed on BB and BC, regardless of the lighter nature of the obligations. The imposition of such obligations directly affects civil rights, including Convention rights as implemented by the Human Rights Act 1998. Therefore, the minimum disclosure requirements established in AF (No 3) must be met, and the special advocate procedure alone is insufficient if the individual is not given enough information to enable an effective defence.

Parties
Claimant: Secretary of State for the Home Department; Defendant: BC; Defendant: BB
Jurisdiction
England and Wales
Judgment Date
11 November 2009
Procedural Posture
Judicial Review / Control Order Proceedings / Preliminary Ruling on Article 6 ECHR Applicability and Disclosure Requirements
Outcome
Preliminary ruling in favour of the defendants (BB and BC); Article 6 applies and minimum disclosure is required.
Legal Topics
Control Orders, Article 6 ECHR, Disclosure Obligations, Special Advocates, Fair Trial Rights
Human Rights Law Administrative Law National Security Control Orders Article 6 ECHR Disclosure Obligations Special Advocates Fair Trial Rights

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 17 Party arguments 2
Sign in to unlock

Parties

Secretary of State for the Home Department

Claimant

BC

Defendant

BB

Defendant

Procedural Posture

Judicial Review / Control Order Proceedings / Preliminary Ruling on Article 6 ECHR Applicability and Disclosure Requirements

Legal Issues

  1. 1 Does Article 6 ECHR apply to the control orders imposed on BB and BC?
  2. 2 Does the lighter nature of the obligations in the new control orders avoid the requirements of Article 6 and the disclosure obligations established in AF (No 3)?
  3. 3 Are Convention rights, as implemented by the Human Rights Act 1998, civil rights for the purposes of Article 6?

Ratio Decidendi

Article 6 ECHR applies to the control orders imposed on BB and BC, regardless of the lighter nature of the obligations. The imposition of such obligations directly affects civil rights, including Convention rights as implemented by the Human Rights Act 1998. Therefore, the minimum disclosure requirements established in AF (No 3) must be met, and the special advocate procedure alone is insufficient if the individual is not given enough information to enable an effective defence.

Court Disposition

Preliminary ruling in favour of the defendants (BB and BC); Article 6 applies and minimum disclosure is required.

Orders

  • Permission to appeal granted to the Secretary of State.
  • Section 3(10) proceedings adjourned pending decision on appeal.