Practice and Procedure

R (on the application of I) (Claimant) v (1) CITY OF WESTMINSTER MAGISTRATES' COURT (2) CHIEF CONSTABLE OF MANCHESTER POLICE (Defendants) & CROWN PROSECUTION SERVICE (Interested party) (2008)

PUBLISHED August 28, 2008

[2008] EWHC 2146 (Admin)

The power contained in the Terrorism Act 2000 s.41 to detain without warrant was not incompatible with the European Convention on Human Rights 1950 art.5. The terrorism legislation did contain the necessary protection of the individual, without there being a question of power to release on bail. The protection of the individual lay in the judicial control over whether there should be further detention.

QBD (Admin) (Collins J)