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 individual poses. Each control order is kept under regular review to ensure that 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, seven 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.
In total, 15 control orders are currently in force, four of which are in respect of British citizens. Three 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. Two individuals have been charged with breaching their control order obligations; no prosecutions for breaching a control order were completed during this reporting period.
During this reporting period, 96 modifications of control order obligations were made. Twenty-three requests to modify a control order obligation were refused. A right of appeal is provided for by section 10(1) of the 2005 Act 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. A right of appeal is also provided for by section 10(3) of the 2005 Act against decisions by the Secretary of State to refuse a request by a controlled person to revoke their order and or to modify any obligation under the order. Two 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 of which has been withdrawn.
Both the Secretary of State and the controlled person have appealed to the Court of Appeal in this reporting period in the case of Secretary of State for the Home Department v. Abu Rideh, subsequent to the judgment of the High Court in the substantive review of Abu Rideh's control order handed down in the last reporting period. Another controlled person has applied to the Court of Appeal for permission to appeal against a High Court judgment in relation to a modification appeal handed down in the last reporting period.
Five judgments have been handed down by the High Court in control order cases during this reporting period and one judgment has been handed down by the Court of Appeal. Two of these High Court judgments were in relation to modification appeals. In Secretary of State for the Home Department v. AM a judgment was handed down on
The Court of Appeal handed down judgment in the case of Secretary of State for the Home Department v. AE, AF, AM and AN on
Full judgments in most of these cases are available at: http://www.bailii.org/