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UK government to review control order system

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

[JURIST] UK Home Secretary Alan Johnson said Wednesday that the government will conduct a review of the control order house arrest system in light of a June Law Lords ruling requiring the government to let detainees know generally what charges they face so that they can mount a defense. Johnson issued a ministerial statement saying that his "current assessment is ... that the control order regime remains viable," but that he would "be keeping this assessment under review." Speaking before the Police Superintendents' annual conference, Johnson said: are not and never were intended to be the first line of defence. Where an individual is suspected of terrorist activity, our first objective will always be for that person to be tried and prosecuted in an open court, or deported if they are foreign nationals.But there is a very small number of people who undoubtedly pose a substantial threat to public safety, and who for good reason, we can neither prosecute nor deport. ...Control orders are a practical and proportionate legislative tool that can be applied in such cases. They are not perfect and one day, I hope they won't be necessary. But for a handful of people, they remain the best option we have for ensuring the public is safe and our security services are able to do their work effectively. That is why I announced in a ministerial statement issued an hour ago that I have decided to maintain the availability of control orders within the constrains of the House of Lords judgement.Johnson also announced that he had asked the independent reviewer of the Prevention of Terrorism Act 2005, Lord Carlile of Berriew, to review the impact of the Law Lords judgment.Johnson's announcement comes as last week, the UK Home Office released a top terrorism suspect from a control order because it did not want to reveal secret evidence. In August, a control order against a suspected terrorist known as AN was overturned by the UK High Court. At that time Johnson had announced plans to draft a new control order against AN. The UK Law Lords ruled in a series of decisions last October that the government can continue to impose control orders on terror suspects in lieu of detention, but said that some elements of the orders violate human rights. Control orders allow the British government to conduct surveillance and impose house arrest on suspects where there does not exist enough evidence to prosecute. The orders can also be used to forbid the use of mobile phones and the Internet.

Full post as published by JURIST - The Paper Chase on September 17, 2009 (boomark / email).