March 14, 2005: New Prevention of Terrorism Act

The Prevention of Terrorism Act 2005 received Royal Assent on 11 March 2005. The Act introduces a system of control orders which are aimed at disrupting and preventing terrorist activity.

Non-derogating control orders allow the Home Secretary to impose a range of conditions including a ban on internet or mobile phone use, restrictions on movement and travel, restrictions on associations with named individuals and the use of tagging for the purposes of monitoring curfews.

The Home Secretary is required to apply for leave from a judge of the High Court in order to make a non-derogating control order. In an urgent case where it is not possible to wait for leave from a judge, the Home Secretary will certify as to the urgency of the case on the face of the order and it will take effect immediately. In this case the order must be referred immediately to the Court for confirmation within seven days, and if confirmed, it would be referred for a full hearing.

The Act also makes provision for the Home Secretary to apply to a court for the court to make a derogating control order which could require someone to remain in a particular place at all times, if the threat to the UK changes.

A designated derogation order, derogating from Article 5 of the European Convention on Human Rights, would need to be made before the Home Secretary could apply to the court for a derogating control order. The designated derogation order would be made and laid before Parliament. It would come into force immediately, but would need to be confirmed by both Houses, following a debate, within 40 days.

The Act also includes a requirement that the powers to make control orders, both derogating and non-derogating, will lapse unless renewed annually by a vote by both Houses. The powers could be revived if they have lapsed by a further order subject to a vote by both Houses of Parliament.

Other proposals already in the Bill require the Home Secretary to:

• appoint an independent reviewer to produce a report on the whole Act to Parliament annually
• report to Parliament every three months on the use made of the control order powers during that period
• annual renewal of the power to make derogating orders