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.
Control orders continue to be an essential tool to protect the public from terrorism, particularly where it is not possible to prosecute individuals for terrorism-related activity and, in the case of foreign nationals, where they cannot be removed from the UK.
As stated in previous quarterly statements on control orders, control order obligations are tailored to the individual concerned and are based on the terrorism-related risk that each 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 this reporting period, five CORGs were held in relation to the orders currently in force. In addition, further meetings were held on an ad hoc basis as specific issues arose.
During the period
In total, 15 control orders are currently in force, three of which are in respect of British citizens. Two individuals subject to a control order live in the Metropolitan Police service area; the remaining individuals live in other police force areas. All of these control orders are non-derogating.
During this reporting period, 70 modifications of control order obligations were made. 31 requests to modify a control order obligation were refused. A right of appeal exists in sections 10(1) and 10(3) of the 2005 Act respectively against decisions by the Secretary of State to renew a non-derogating control order or modify an obligation imposed by a non-derogating control order without consent, and against decisions by the Secretary of State to refuse a request by a controlled person to modify any such obligation. Eleven appeals have been lodged with the High Court by controlled persons relating to modifications to orders or the renewal of orders in this reporting period. One application for judicial review and interim relief was also submitted to the High Court.
Four judgments have been handed down by the High Court in control order cases during this reporting period. Three of these judgments have related to the substantive reviews of control orders under section 3(10) of the 2005 Act. A judgment in the case of Secretary of State for the Home Department v. AE was handed down on
The judgment in the case of Secretary of State for the Home Department v. AH was handed down on
The Secretary of State has lodged three appeals with the Court of Appeal in this reporting period. Appeals were lodged on Article 6 grounds against the High Court judgments in the cases of AN and AM which were handed down in the previous reporting period. An appeal was also lodged against the judgment in the case of AF handed down on