The Courts, the HRA and the detention of terrorist suspects

Question 1

What did the passage of the UK’s Anti-Terrorism, Crime and Security Act (2001), part 4 allow

Answer 1

Indefinite detention without trail
Foreign Nationals
Home Secretary judged were involved in terrorism

Question 2

How was the government able to derogate Article 5 of the HRA?

Answer 2

There was a “public emergency threatening the life of the nation”, which met the requirements in Article 15

Question 3

What did an Appellate Committee of 9 Law Lords rule in December 2004?

Answer 3

Indefinite detention of suspects was incompatible with Articles 5 and 14 of the HRA

Question 4

What did the High Court find out in June and August 2006?

Answer 4

2005 Prevention of Terrorism Act violated article 5, as there were the same as imprisonment without trail.
Government didn’t remove control orders