Keir Starmer: The test would be precisely the same for a terrorism-related case as it would be for any other. The question would be, therefore, whether there is sufficient evidence to provide a realistic prospect of conviction and whether a prosecution would be in the public interest. The second question pretty well answers itself in a terrorist case. The critical question is always whether there is sufficient evidence.
If necessary, we use the threshold test. We prefer not to, but it is one that we can use. We would not approach a case where there may be a control order in any different way to any other case. It is precisely the same test. The critical question in such cases is sufficient “(admissible)” evidence. That is really where all the work is done in such cases. That is the focus of our examination of the files.