Practice and Procedure

A (FC) & ORS v SECRETARY OF STATE FOR THE HOME DEPARTMENT : X (FC) & ANOR v SECRETARY OF STATE FOR THE HOME DEPARTMENT (2004)

PUBLISHED December 16, 2004
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[2004] UKHL 56

It was declared under the Human Rights Act 1998 s.4 that the Anti-terrorism, Crime and Security Act 2001 s.23 was incompatible with the European Convention on Human Rights 1950 Art.5 and Art.14 in so far as it was disproportionate and permitted detention of suspected international terrorists in a way that discriminated on the ground of nationality or immigration status, and the Human Rights Act 1998 (Designated Derogation) Order 2001 was quashed.

HL (Lord Bingham of Cornhill, Lord Nicholls of Birkenhead, Lord Hoffmann, Lord Hope of Craighead, Lord Scott of Foscote, Lord Rodger of Earlsferry, Lord Walker of Gestingthorpe, Baroness Hale of Richmond, Lord Carswell)

16/12/2004

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