Commissioner of Police of the Metropolis v Aswat [2025] EWHC 786 (KB) (01 April 2025)

Commissioner of Police of the Metropolis v Aswat [2025] EWHC 786 (KB) (01 April 2025)

The statutory conditions for making a notification order under section 57 and Schedule 4 of the Counter-Terrorism Act 2008 are fulfilled: the defendant was convicted of a corresponding foreign terrorism offence, received a qualifying sentence after the Act came into force, and the notification period has not expired. There is no evidence of a flagrant denial of a fair trial. The court is therefore required to make the order.

Citation
[2025] EWHC 786 (KB)
Parties
Claimant: Commissioner of Police of the Metropolis; Defendant: Mr Haroon Aswat
Jurisdiction
England and Wales
Judgment Date
01 April 2025
Procedural Posture
Application for Notification Order Under Counter Terrorism Act 2008 / Judgment on Application
Outcome
Notification order granted
Legal Topics
Notification Orders, Foreign Terrorism Convictions, Article 8 ECHR, Proportionality, Mental Health and Terrorism
Criminal Law Counter Terrorism Law Human Rights Law Notification Orders Foreign Terrorism Convictions Article 8 ECHR Proportionality Mental Health and Terrorism

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Parties

Commissioner of Police of the Metropolis

Claimant

Mr Haroon Aswat

Defendant

Procedural Posture

Application for Notification Order Under Counter Terrorism Act 2008 / Judgment on Application

Legal Issues

  1. 1 Whether the statutory conditions for a notification order under section 57 and Schedule 4 of the Counter-Terrorism Act 2008 are met
  2. 2 Whether the defendant's Article 8 ECHR rights are engaged or breached
  3. 3 Whether a proportionality assessment is required under the statutory scheme

Ratio Decidendi

The statutory conditions for making a notification order under section 57 and Schedule 4 of the Counter-Terrorism Act 2008 are fulfilled: the defendant was convicted of a corresponding foreign terrorism offence, received a qualifying sentence after the Act came into force, and the notification period has not expired. There is no evidence of a flagrant denial of a fair trial. The court is therefore required to make the order.

Court Disposition

Notification order granted

Orders

  • A notification order under section 57 and Schedule 4 of the Counter-Terrorism Act 2008 is made against Mr Haroon Aswat.