Control Order Powers
Theresa May (Home Secretary; Maidenhead, Conservative)
Section 14(1) of the Prevention of Terrorism Act 2005 (the 2005 Act) requires the Secretary of State to report to Parliament as soon as reasonably practicable after the end of every relevant three-month period on the exercise of the control order powers during that period.
The level of information provided will always be subject to slight variations based on operational advice.
The future of the control order regime
The exercise of the control order powers in the last quarter
As explained in previous quarterly statements, control order obligations are tailored to the individual concerned and are based on the terrorism-related risk that individual poses. Each control order is kept under regular review to ensure that the obligations remain necessary and proportionate. The Home Office continues to hold control order review groups (CORGs) every quarter, with representation from law enforcement and intelligence agencies, to keep the obligations in every control order under regular and formal review and to facilitate a review of appropriate exit strategies. During the reporting period, no CORGs were held in relation to the orders in force at the time. This is because meetings were held just before, and are due to be held just after, the reporting period. Other meetings were held on an ad hoc basis as specific issues arose.
During the period
In total, as of
One set of criminal proceedings for breach of a control order was concluded during this reporting period following a CPS decision that prosecution was no longer in the public interest.
During this reporting period, 53 modifications of control order obligations were made; 21 requests to modify control order obligations were refused.
Section 10(1) of the 2005 Act provides a right of appeal against a decision by the Secretary of State to renew a non-derogating control order or to modify an obligation imposed by a non-derogating control order without consent. No appeals have been lodged with the High Court during this reporting period under section 10(1) of the 2005 Act. A right of appeal is also provided by
section 10(3) of the 2005 Act against a decision by the Secretary of State to refuse a request by a controlled person to revoke their order or to modify any obligation under their order. During this reporting period two appeals were lodged with the High Court under section 10(3) of the 2005 Act. In one of these appeals, an interlocutory application for an injunction was also made, seeking an order staying the effect of the modification until a full hearing had taken place and judgment handed down.
One court order was made in relation to proceedings under section 10(1) of the 2005 Act during this reporting period. On