Legislation
Prevention of Terrorism Act 2005
The Prevention of Terrorism Act allows for control orders to be made against any suspected terrorist, whether a UK national or a non-UK national, whatever the nature of the terrorist activity (international or domestic).
The system of control orders has replaced the Part 4 powers under the Anti-terrorism Crime and Security Act 2001.
The Home Secretary is required by Section 14(1) of the Act to report to Parliament as soon as reasonably possible after the end of the relevant three-month period on how control order powers have been exercised during that time.
Independent reviews of the Prevention of Terrorism Act, and the Home Secretary's responses
Home Secretary's response to the second independent review
25 July 2007
Second independent review of the Prevention of Terrorism Act 2005
19 February 2007
Update on control orders
16 January 2007
Lord Carlile's review of the Home Secretary's quarterly reports to parliament on control orders
11 December 2006
Home Secretary's statement in response to Lord Carlile's recommendations on the reporting of control orders
11 December 2006
First independent review of the Prevention of Terrorism Act
February 2006
Home Secretary's response to the first independent review
May 2006
The facts about Control Orders
Control orders are preventative orders which impose one or more obligations upon an individual which are designed to prevent, restrict or disrupt his or her involvement in terrorism-related activity.
This could, for example, include measures ranging from a ban on the use of communications equipment to a restriction on an individual's movement. Specific conditions imposed under a control order are tailored to each case to ensure effective disruption and prevention of terrorist activity, these include:
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the Home Secretary must normally apply to the courts to impose a control order based on an assessment of the intelligence information. If the court allows the order to be made, the case will be automatically referred to the court for a judicial review of the decision
- in emergency cases the Home Secretary may impose a provisional order which must then be reviewed by the court within seven days
- a court may consider the case in open or closed session - depending on the nature and sensitivity of the information under consideration. Special Advocates will be used to represent the interests of the controlled individuals in closed sessions.
- control orders will be time limited and may be imposed for a period of up to 12 months at a time. A fresh application for renewal has to be made thereafter
- a control order and its conditions can be challenged.
- breach of any of the obligations of the control order without reasonable excuse is a criminal offence punishable with a prison sentence of up to five years and or an unlimited fine
- individuals who are subject to control order provisions have the option of applying for an anonymity order
- to date the Government has not sought to make a control order requiring derogation from Article 5 of the European Convention on Human Rights
Full text of the Prevention of Terrorism Act 2005 (new window) is on the Office of Public Sector Information website.
Explanatory notes of the Prevention of Terrorism Act 2005 (new window) is on the Office of Public Sector Information website.
