Secretary of State for the Home Department v AF - JustCite

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Secretary of State for the Home Department v AF

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Justis Editorial on 30 August 2011

Disclosure required for fair terror-suspect trial

The House of Lords handed down judgment in the matter of Secretary of State for the Home Department v AF & Another [2009] UKHL 28 on 10th June 2009. The appeal from the Court of Appeal’s decision, reported at [2008] EWCA Crim 1740, concerned whether the making of non-derogating control orders conflicted with the right of a fair hearing, under article 6 of schedule 1 to the Human Rights Act 1998 c.42.

Applying the decision of A v United Kingdom 20/02/2009 Times Law Reports, the House allowed the appeal. Where, in the interests of national security, the Secretary of State for the Home Department wanted to rely on closed material in a terror-suspect hearing to justify a control order, the appellants had to be given sufficient information to enable him to give effective instructions to those representing him.

database/2012-05-17T23:28:08.8243598Z/3203393

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