Commissioner of Police of The Metropolis v Haroon Aswat

Commissioner of Police of The Metropolis v Haroon Aswat

The statutory conditions for a notification order under section 57 and Schedule 4 of the Counter-Terrorism Act 2008 are satisfied; there is no evidence of a flagrant denial of fair trial; the sentence was imposed after the relevant commencement; and the defendant remains a risk to national security. The court is therefore required to make the order.

Parties
Claimant: Commissioner of Police of the Metropolis; Defendant: Mr Haroon Aswat
Jurisdiction
England and Wales
Judgment Date
04 February 2025
Procedural Posture
Application for Notification Order / Judgment
Outcome
notification order granted
Legal Topics
Notification Orders, Extradition, Mental Health Detention, Terrorism Offences, Human Rights
Criminal Law Counter Terrorism Notification Orders Extradition Mental Health Detention Terrorism Offences Human Rights

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Parties

Commissioner of Police of the Metropolis

Claimant

Mr Haroon Aswat

Defendant

Procedural Posture

Application for Notification Order / Judgment

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 received a fair trial in the United States
  3. 3 Whether the notification order constitutes a proportionate restriction on Article 8 rights

Ratio Decidendi

The statutory conditions for a notification order under section 57 and Schedule 4 of the Counter-Terrorism Act 2008 are satisfied; there is no evidence of a flagrant denial of fair trial; the sentence was imposed after the relevant commencement; and the defendant remains a risk to national security. The court is therefore required to make the order.

Court Disposition

notification order granted

Orders

  • Notification order made under section 57 and Schedule 4 of the Counter-Terrorism Act 2008