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Proceeding contribution from Lord Coaker (Labour) in the House of Commons on Tuesday, 3 March 2009. It occurred during Debate on Prevention and Suppression of Terrorism.


Prevention and Suppression of Terrorism

No, there has not. The highest court in the land has upheld the control order regime, reflecting the substantive and rigorous judicial checks and balances in that system. The Law Lords are currently considering what measures are necessary to safeguard the right to a fair trial in control order cases. Their deliberations will, no doubt, take into account relevant jurisprudence, including the House of Lords judgment in 2007, the Court of Appeal judgment of October 2008 and the recent European Court of Human Rights judgment in the case of A and others. Our view remains that supported by the Court of Appeal last October: that there is no irreducible minimum level of disclosure that is necessary to ensure that control order review hearings are compatible with a right to a fair trial. The individual is already given as full an explanation as possible of the reasons for the imposition of a control order, subject to legitimate public interest concerns, and each case is determined by an independent judge who has all of the relevant material before them.


Secondary information

Type
Proceeding contribution
Reference
488 c739 
Session
2008-09
Chamber / Committee
House of Commons chamber
Subjects
Crime prevention Detainees Human rights Pre-trial procedures Terrorism Surveillance Security Anti-terrorism control orders
Legislation
Prevention of Terrorism Act 2005 (Continuance in force of sections 1 to 9) Order 2009
Link
View this Proceeding contribution on www.publications.parliament.uk