Anti-Terrorism Crime and Security Act 2001 (ATCSA)
– Part 4 Powers
The ATCSA Part 4 powers are special immigration powers
that allow the Home Secretary to certify and detain
foreign nationals who are suspected of involvement in
international terrorism but who cannot be deported from
the UK.
Deportation may not be possible for a number of reaso
ns, but in most cases it derives from a concern that
deportation to their countries of origin might result
in those deported being subject to torture or inhuman
or degrading treatment or punishment which is subject
to absolute prohibition under Article 3 of the European
Commission on Human Rights (ECHR).
Anyone detained under Part 4 of ATCSA is free to leave
the UK at any time and has a full right of appeal to
the Special Immigration Appeals Commission.
Information
about the detainees held under Part 4 of the Anti-Terrorism,
Crime and Security Act 2001
House of Lords Ruling
On 16 December 2004 the House of Lords Judicial Committee
handed down its judgement on the compatibility of the
Part 4 powers with the European Commission on Human Rights
(ECHR). The Human Rights 1998 (Designated Derogation)
Order 2001 was quashed and section 23 of the ATCSA was
declared incompatible with Articles 5 (right to liberty)
and 14 (freedom from discrimination) of the ECHR.
The House of Lords considered Part 4 powers were discriminatory
as they only applied to foreign nationals and they were
not proportionate to the threat the UK faced from terrorism.
The Future of Part 4 Powers
On 26
January 2005 the Home Secretary made a statement to
the House of Commons about the Government’s response
to the House of Lord’s ruling.
The statement accepted the Law Lord’s declaration
of incompatibility between the ECHR and section 23 of
the ATCSA. It also accepted the Lord’s judgement
that new legislative measures must apply equally to
nationals as well as non-nationals.
The Home Secretary laid out plans to replace Part 4
powers with a twin track approach:
- Deportation with assurances – for foreign nationals
who can be deported.
- Control orders – for containing and disrupting
those where there is information to show they are
a threat and whom cannot be prosecuted in the usual
way or deported.
Deportation with Assurances
The UK is seeking Memoranda of Understanding with some
of the detainees’ countries of origin. The aim is
to allow deportation without breaking our international
obligations.
Frequently asked questions
about legislation
Control Orders
The Government has decided to replace the Part 4 powers
with a new system of Control Orders. Control Orders would
be applied to any suspected terrorist, whether a UK national
nor a non-UK national, whatever the nature of the terrorist
activity (international or domestic).
The control orders will enable the authorities to
impose conditions ranging from prohibitions on access
to specific items or services, and restrictions on
association with named individuals, to the imposition
of restritions on movement or curfews.
The controls under the new scheme would not include
detention in prison although it is intended that a
breach of a control order should be a crimnal offence
and prosecuted in the usual way.
Control Orders Proposals – The Facts
1. The Home Secretary will make a control order based
on an assessment of the intelligence information.
2. The specific conditions imposed under a Control
Order would be tailored to each case to ensure effective
disruption of terrorist activity.
3. Conditions that could be imposed range from the
imposition of curfews, tagging, and a restriction
on the use of specific things (such as computers)
to reporting to a specified person at particular times
and limitations on people with who an individual could
associate.
4. Control Orders could be varied and controls changed
if the threat an individual poses changes.
5. The individual concerned is entitled to appeal
against the Secretary of States decision to the High
Court decision. The 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 appellants in any closed sessions.
6. Control Orders will be time limited and may be
imposed for a period of up to 12 months at a time.
They would be renewable thereafter.
7. Breach of a condition imposed by a control order
will be a criminal offence punishable by imprisonment.
Steps taken to monitor compliance with control orders
may include electronic tagging, or regular reporting
ot a nomnated person.
Frequently asked questions
about legislation
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