A control order is an order made by the Home Secretary of the United Kingdom to restrict an individual's liberty for the purpose of "protecting members of the public from a risk of terrorism". The Secretary of State for the Home Department, commonly known as the Home Secretary, is the minister in charge of the United Kingdom Home Office The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom, the UK or Britain,is a Sovereign state located Its definition and power were provided by Parliament in the Prevention of Terrorism Act 2005. The Prevention of Terrorism Act 2005 is a British Act of Parliament intended to deal with the Law Lords ' ruling of 16 December, 2004 Control orders were also included in the Australian Anti-Terrorism Act 2005. The Australian Anti-Terrorism Act 2005 (Revised is legislation intended to hamper the activities of any potential Terrorists in Australia
The control orders section of the Prevention of Terrorism Act provides for extremely limited rights of appeal and the absence of double jeopardy restrictions (i. Double jeopardy (non bis in idem is a Procedural defense (and in many countries such as the United States, Canada, Mexico and India e if a recipient managed to win an appeal in the Court of Appeal or other tribunal - the home office could simply re-apply the same order again). Court of Appeal, Court of Appeals, and Appellate Division redirect here for a list of specific courts using those titles see Court of Appeal This has led to many court rulings highly critical of the orders. [1]
Contents |
Powers
The list of possible restrictions and obligations that can be included in a control order is long. It can place restrictions on what the person can use or possess, his place of work, place of residence, whom he speaks to, and where he can travel. Furthermore, the person can be ordered to surrender his passport, let the police visit his home at any time, report to officials at a specific time and place, and allow himself to be electronically tagged so his movements can be tracked.
In short, it provides for a graduated scale of technological "prisons without bars" that are intended to work within the European Convention on Human Rights. The Convention for the Protection of Human Rights and Fundamental Freedoms (also called the "European Convention on Human Rights" and "ECHR" was adopted under the [1]
When the control order crosses the line and "deprives liberty", rather than "restricts liberty", it is called a derogating control order because it infringes Article 5 of the ECHR. The Convention for the Protection of Human Rights and Fundamental Freedoms (also called the "European Convention on Human Rights" and "ECHR" was adopted under the This can only happen if there is a derogation according to Article 15, and the Home Secretary must apply to a court for the authority. The Convention for the Protection of Human Rights and Fundamental Freedoms (also called the "European Convention on Human Rights" and "ECHR" was adopted under the The Secretary of State for the Home Department, commonly known as the Home Secretary, is the minister in charge of the United Kingdom Home Office Derogation is only allowed when there is a "war or other public emergency threatening the life of the nation".
The ECHR states that the government cannot deprive any person of their liberty without due process of law. The Convention for the Protection of Human Rights and Fundamental Freedoms (also called the "European Convention on Human Rights" and "ECHR" was adopted under the This process must include informing the person of the accusation against him, giving him access to legal assistance to prepare his defence, and giving him the right to have his case heard and decided in public before a competent court. [2]
The government has claimed that the terrorist allegations against certain individuals are of such a nature and from such sources that they cannot be prosecuted "because that would mean revealing sensitive and dangerous intelligence". [3]
List of restrictions
- Possession and/or use of specified objects and substances.
- Use of specified services and/or facilities.
- Certain occupations and employment.
- Carrying out specified activities.
- Restriction on association and communications with specified people, or people in general.
- Restriction of place of residence, and visitors to the residence.
- Movements at certain times of the day, or to certain places.
- Passport must be surrendered.
- A requirement to admit specified persons to certain premises.
- A requirement to allow specified persons to confiscate and/or scientifically examine any object on premises owned by the subject.
- A requirement to allow electronic surveillance to be carried out and photographs taken.
- Any other restrictions whatsoever for up to 24hrs, when it is deemed necessary.
History
The power to make control orders was voted through Parliament on the evening of 11 March 2005 after a famously long session of Parliamentary ping-pong. Parliamentary ping-pong (or " lutte a la corde " is a phrase used to describe a phenomenon in the Parliament of the United Kingdom, in which legislation appears The ten detainees of the Part 4 of the Anti-terrorism, Crime and Security Act 2001 were released from Belmarsh and were immediately subject to control orders. The Anti-Terrorism Crime and Security Act 2001 was formally introduced into the Parliament of the United Kingdom on 19 November, 2001 two months after HM Prison Belmarsh is a high security Prison in the Thamesmead area of the London Borough of Greenwich in south-east London. [4]
On March 24 2005, one of the men, Abu Rideh, gave a newspaper interview where he denied having any connection with terrorism, and was able to outline the contents of his order. [5]
- He is not allowed to make arrangements to meet anybody, but he can meet them if he does so unannounced
- He cannot attend any pre-arranged meetings or gatherings, but was present at the anti-war demonstration at Hyde Park last Saturday. He says he stumbled across it while playing football in the park with his children;
- He is banned from having visitors to his home unless they are vetted in advance, but he is allowed to arrange to attend group prayers at a mosque;
On April 16 2005, it was reported that all 10 control orders had been printed with the same reason, connecting individuals with the Wood Green no-ricin plot. The Wood Green ricin plot refers to a 2002 Bioterrorism plot on the London Underground railway system in which Ricin It was blamed on a "clerical error". [6][7]
Timeline of ministerial statements and legal challenges
Section 14 requires the Home Secretary to make a statement to Parliament every three months reporting about his exercise of the control order powers.
- 11 March 2005 - The act came into force and 11 orders were in place, all against former Belmarsh prisoners who had been held under the previous Anti-terrorism regime. Events 1425 BC - Thutmose III, Pharaoh of Egypt, dies (according to the Low Chronology of the 18th Dynasty Year 2005 ( MMV) was a Common year starting on Saturday (link displays full calendar of the Gregorian calendar. [2]
- 16 June 2005 - Nothing had changed, except 3 of the orders were varied to take account of change of address. Events 1487 - Battle of Stoke Field, the last dying breath of the Wars of the Roses. Year 2005 ( MMV) was a Common year starting on Saturday (link displays full calendar of the Gregorian calendar. [2]
- 10 October 2005 - 9 orders had been revoked, one new one in made against a British national. Events 680 - Battle of Karbala: Shia Imam Husayn bin Ali, the grandson of the Prophet Muhammad, is decapitated Year 2005 ( MMV) was a Common year starting on Saturday (link displays full calendar of the Gregorian calendar. Therefore there were 3 in operation. [2]
- 12 December 2005 - 5 new orders made, making the total 8. Events 627 - Battle of Nineveh: A Byzantine army under Emperor Heraclius defeats Emperor Khosrau II 's Persian Year 2005 ( MMV) was a Common year starting on Saturday (link displays full calendar of the Gregorian calendar. [3]
- 15 February 2006 - both the House of Commons and the House of Lords agreed to renew the legislation on the terms of the sunset clause. Events 590 - Khosrau II is crowned as king of Persia 1637 - Ferdinand III becomes Holy Roman Emperor Year 2006 ( MMVI) was a Common year starting on Sunday of the Gregorian calendar. [8][9]
- 13 March 2006 - 11 control orders were in place, 3 of which were on British nationals. Events 1138 - Cardinal Gregorio Conti is elected Antipope as Victor IV, succeeding Anacletus II. Year 2006 ( MMVI) was a Common year starting on Sunday of the Gregorian calendar. [4]
- 12 April 2006 - A court ruled that the review procedure for the control orders was not compatible with Article 6 of ECHR (Right to a fair hearing), however the then Home Secretary Charles Clarke was undeterred in his stance on Control Orders. Events 467 - Anthemius is elevated to Emperor of the Western Roman Empire. Year 2006 ( MMVI) was a Common year starting on Sunday of the Gregorian calendar. The Secretary of State for the Home Department, commonly known as the Home Secretary, is the minister in charge of the United Kingdom Home Office Charles Rodway Clarke (born 21 September 1950 is a British Labour Party Politician. [5]
- 12 June 2006 - 14 control orders in force, 5 on British nationals. Events 1381 - Peasants' Revolt: in England, rebels arrive at Blackheath. Year 2006 ( MMVI) was a Common year starting on Sunday of the Gregorian calendar. [6]
- 29 June 2006 - a High Court judge nullified six of these orders as being incompatible with the ECHR, saying: "I am left in no doubt whatsoever that the cumulative effect of the order has been to deprive to respondents of their liberty, in breach of article 5. Events 512 - A Solar eclipse is recorded by a monastic chronicler in Ireland. Year 2006 ( MMVI) was a Common year starting on Sunday of the Gregorian calendar. For the Cameroonian court by this name see High Court of Justice (Cameroon, for the Israeli court of this name see Supreme Court of Israel. The Convention for the Protection of Human Rights and Fundamental Freedoms (also called the "European Convention on Human Rights" and "ECHR" was adopted under the I do not consider that this is a borderline case. "[10]
- 11 September 2006 - 9 new orders were made; 2 were against British citizens on 19 June and 5 September, the rest against foreign nationals, one on 31 July and the other 6 on 1 August. Events 9 - The Battle of the Teutoburg Forest ends 506 - The Bishops of Visigothic Gaul Year 2006 ( MMVI) was a Common year starting on Sunday of the Gregorian calendar. Events 1179 - The Norwegian Battle of Kalvskinnet outside Nidaros. Events 1590 - Alexander Farnese 's army forces Henry IV of France to raise the siege of Paris. Events 30 BC - Battle of Alexandria: Mark Antony achieves a minor victory over Octavian 's forces but most of his army subsequently Events 30 BC - Octavian (later known as Augustus enters Alexandria, Egypt, bringing it under the control of the Roman There were now 15 orders in force, 6 of which are against British citizens. [7]
- 16 October 2006 - the Home Office revealed that two men who are subject to control orders had absconded and were on the run. Events 456 - Magister militum Ricimer defeats the Emperor Avitus at Piacenza and becomes master of the western Year 2006 ( MMVI) was a Common year starting on Sunday of the Gregorian calendar. The Home Office is the United Kingdom government department responsible for security and order One suspect had escaped some months previously and the second had gone missing in the last two weeks, but authorities had kept these security breaches out of the public domain until this date. [11]
- 17 November 2006 - Lord Carlile made his first annual review of control orders and recommended that more informtation be included in the ministerial statements. Events 284 - Diocletian is proclaimed emperor by his soldiers Year 2006 ( MMVI) was a Common year starting on Sunday of the Gregorian calendar. Alexander Charles Carlile Baron Carlile of Berriew, QC (born 12 February 1948 is a Liberal Democrat member of the House of Lords. [12]
- 11 December 2006 - 16 control orders were in force, 7 on British nationals. Events 359 - Honoratus, the first known Prefect of the City of Constantinople, takes office Year 2006 ( MMVI) was a Common year starting on Sunday of the Gregorian calendar. [13] [14]
- 31 October 2007 - House of Lords rules on three cases involving control orders. Events 445 BC – Ezra reads the Book of the Law to the Israelites in Jerusalem (see Nehemiah 91 NLTse Year 2007 ( MMVII) was a Common year starting on Monday of the Gregorian calendar in the 21st century. They ruled that 18 hour curfews are a deprivation of liberty [8] but that 12[9] and 14[10] hour curfews are acceptable.
- 11 September 2007 - 9 new orders were made; 2 were against British citizens on 19 June and 5 September - 14 control orders in force, 8 in respect of British citizens. Events 9 - The Battle of the Teutoburg Forest ends 506 - The Bishops of Visigothic Gaul Year 2007 ( MMVII) was a Common year starting on Monday of the Gregorian calendar in the 21st century. Events 1179 - The Norwegian Battle of Kalvskinnet outside Nidaros. Events 1590 - Alexander Farnese 's army forces Henry IV of France to raise the siege of Paris. There were 3 absconders. [11]
- 21 February 2008 - Parliament renewed the Act for another year[12]
References
- ^ http://www.gcnchambers.co.uk/index.php/gcn/news/judges_reject_government_appeal_over_control_orders Judge's reject government control order appeal
- ^ a b c Charles Clarke Written Ministerial Statement, 16 June 2005 col. Events 362 - Athanasius returns to Alexandria. 1245 - Thomas, the first known Bishop of Finland 2008 ( MMVIII) is the current year in accordance with the Gregorian calendar, a Leap year that started on Tuesday of the Common Charles Rodway Clarke (born 21 September 1950 is a British Labour Party Politician. Events 1487 - Battle of Stoke Field, the last dying breath of the Wars of the Roses. Year 2005 ( MMV) was a Common year starting on Saturday (link displays full calendar of the Gregorian calendar. 23WS Control Order Powers (11 March 2005-11 June 2005)
- ^ Charles Clarke Written Ministerial Statement, 12 December 2005 col. Charles Rodway Clarke (born 21 September 1950 is a British Labour Party Politician. Events 627 - Battle of Nineveh: A Byzantine army under Emperor Heraclius defeats Emperor Khosrau II 's Persian Year 2005 ( MMV) was a Common year starting on Saturday (link displays full calendar of the Gregorian calendar. 131WS Control Order Powers (11 September 2005-10 December 2005)
- ^ Charles Clarke Written Ministerial Statement, 13 March 2006 col. Charles Rodway Clarke (born 21 September 1950 is a British Labour Party Politician. Events 1138 - Cardinal Gregorio Conti is elected Antipope as Victor IV, succeeding Anacletus II. Year 2006 ( MMVI) was a Common year starting on Sunday of the Gregorian calendar. 88WS Control Order Powers (11 December 2005-10 March 2006)
- ^ Charles Clarke Written Ministerial Statement, 24 April 2006 col. Charles Rodway Clarke (born 21 September 1950 is a British Labour Party Politician. Events 1479 BC - Thutmose III ascends to the throne of Egypt, although power effectively shifts to Hatshepsut (according to Year 2006 ( MMVI) was a Common year starting on Sunday of the Gregorian calendar. 32WS Control Order Judgement
- ^ John Reid Written Ministerial Statement, 12 June 2006 col. John Reid may refer to Religious John Reid (priest, fifteenth century Scottish priest and courtier known as Stobo, a lost poet Events 1381 - Peasants' Revolt: in England, rebels arrive at Blackheath. Year 2006 ( MMVI) was a Common year starting on Sunday of the Gregorian calendar. 48WS Control Order Powers (11 March 2006-19 June 2006)
- ^ Tony McNulty Written Ministerial Statement, 11 September 2006 col. Anthony James "Tony" McNulty (born 3 November 1958, London) is a politician in the United Kingdom. Events 9 - The Battle of the Teutoburg Forest ends 506 - The Bishops of Visigothic Gaul Year 2006 ( MMVI) was a Common year starting on Sunday of the Gregorian calendar. 122WS Control Order Powers (11 June 2006-10 September 2006)
- ^ House of Lords - Secretary of State for the Home Department (Appellant) v. JJ and others (FC) (Respondents)
- ^ House of Lords - Secretary of State for the Home Department Respondent v. E and another (Appellant)
- ^ House of Lords - Secretary of State for the Home Department v. MB (FC) (Appellant)
- ^ Tony McNulty Written Ministerial Statement, 17 September 2007 col. Anthony James "Tony" McNulty (born 3 November 1958, London) is a politician in the United Kingdom. Events 1176 - The Battle of Myriokephalon is fought 1462 - The Battle of Świecino (or Battle of Żarnowiec Year 2007 ( MMVII) was a Common year starting on Monday of the Gregorian calendar in the 21st century. 126WS Control Order Powers (11 June 2007 to 10 September 2007)
- ^ Commons Debate, 21 February 2008 col. Events 362 - Athanasius returns to Alexandria. 1245 - Thomas, the first known Bishop of Finland 2008 ( MMVIII) is the current year in accordance with the Gregorian calendar, a Leap year that started on Tuesday of the Common 561 Prevention and Suppression of Terrorism
Use {{UK Parliament}} for creating the template for these links.
See also
Security Certificate of Canada
External links
- Text of the Terrorism Act
- First House of Commons debate on control orders
- counter-terrorism-law.org analysis of case law
- counter-terrorism-law.org further analysis following renewal of 2007
- BBC News - Jihadi diary: Inside the mind 14/06/07 - the diary of Zeeshan Siddiqui, a British jihadi who escaped his control order
- BBC News article explaining Control Orders
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