R v R
The notification requirements under s48(4C) and (7) Counter Terrorism Act 2008 apply to vehicles driven in the course of agency employment because the applicant acquires a right to use such vehicles, and the statutory language is clear, unambiguous, and justified. Any difficulties in notification may provide a reasonable excuse but do not negate the obligation.
- Parties
- Applicant: R; Respondent: R
- Jurisdiction
- England and Wales
- Judgment Date
- 22 January 2021
- Procedural Posture
- Criminal Appeal / Application for Permission to Appeal Preliminary Ruling
- Outcome
- Permission to appeal refused
- Legal Topics
- Notification Requirements for Terrorist Offenders, Interpretation of Statutory Provisions, Principle of Legality, Right to Work, Proportionality of Interference With Rights
Case Brief
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Parties
R
Applicant
R
Respondent
Procedural Posture
Criminal Appeal / Application for Permission to Appeal Preliminary Ruling
Legal Issues
- 1 Whether notification requirements under s48(4C) and (7) Counter Terrorism Act 2008 apply to vehicles driven in the course of agency employment
- 2 Whether the statutory provisions violate the principle of legality or are insufficiently precise to justify interference with fundamental rights
Ratio Decidendi
The notification requirements under s48(4C) and (7) Counter Terrorism Act 2008 apply to vehicles driven in the course of agency employment because the applicant acquires a right to use such vehicles, and the statutory language is clear, unambiguous, and justified. Any difficulties in notification may provide a reasonable excuse but do not negate the obligation.
Court Disposition
Permission to appeal refused
Full Case Text
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