Reid loses control order legal battle
Tuesday, 01 Aug 2006 19:29
Reid loses control order legal battle
The home secretary has been forced to remove control orders on six people suspected of terrorist involvement following a court ruling this evening.
The court of appeal upheld an earlier decision by Mr Justice Sullivan that control orders issued by John Reid, which placed strict curfews and forced six men to live in government-specified locations, broke EU human rights regulations.
Lord Chief Justice Philips explained that the control orders, typically used in cases where there is insufficient evidence to issue a criminal charge, were "clearly on the wrong side of the dividing line", and breached a specific human rights article that outlaws prolonged periods of detention.
"The orders amounted to a deprivation of liberty contrary to article five. We consider that the reasons given by Mr Justice Sullivan for quashing the orders are compelling," he said.
Mr Reid has indicated he plans to appeal against today's decision, but with the House of Lords closed off to him by today's ruling, his only route is via the Law Lords.
The home secretary said he had "reluctantly" removed the control orders on the six Iraqi nationals, who cannot be named for legal reasons, claiming that the measures had been taken "to maintain protection of the public to the best of our ability in this situation".
"We are at a sustained high level of threat from a terrorist attack, put simply, an attack is highly likely," he added.