Control Order Powers

Baroness May of Maidenhead Excerpts

Thursday 16th December 2010 Written Statements

[The Secretary of State for the Home Department (Mrs Theresa May)]

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.

As set out in previous statements the Government are reviewing control orders as part of a wider review of counter-terrorist and security powers and measures. The Government will report on the outcome of this review shortly.

As explained 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 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, four CORGs were held in relation to the orders in force at the time. In addition, further meetings were held on an ad-hoc basis as specific issues arose.

During the period 11 September 2010 to 10 December 2010, one non-derogating control order has been made, with the permission of the court, and served. One control order has been renewed in accordance with section 2(6) of the 2005 Act in this reporting period. Two control orders expired during this reporting period as it was not considered necessary to renew the orders for a further 12 months. One control order, made in a previous quarter but never served, expired during this reporting period.

In total, as of 10 December 2010, there were eight control orders in force, all of which were in respect of British citizens. All of these control orders were non-derogating. Three individuals subject to a control order lived in the Metropolitan Police Service area; the remaining individuals lived in other police force areas.

No criminal proceedings for breach of a control order were concluded during this reporting period. However, one set of criminal proceedings against one individual who was formerly subject to a control order and three other individuals for conspiracy to breach a control order was concluded in the reporting period 11 June 2010 to 10 September 2010. This followed a CPS decision that prosecution was no longer in the public interest. It was not possible to include this information in the previous statement laid on 16 September 2010.

During this reporting period, 34 modifications of control order obligations were made. Twelve 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 one appeal has been lodged with the High Court under section 10(3) of the 2005 Act.

On 15 September 2010 one individual subject to a control order was granted permission to appeal to the Court of Appeal against the High Court judgment in the substantive judicial review proceedings under section 3(10) of the 2005 Act relating to his control order.

No court judgments in relation to control orders have been handed down during this reporting period.