A. and Others v. Secretary of State for the Home Department

[2004] UKHL 56 (2004)

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A. and Others v. Secretary of State for the Home Department

United Kingdom House of Lords
[2004] UKHL 56 (2004)

Facts

In 2001 and 2002, a group of non-United Kingdom nationals (the detainees) (plaintiffs) were detained under the Anti-Terrorism, Crime and Security Act 2001 (the Anti-Terrorism Act), enacted by the UK Parliament in response to a perceived terrorism threat from foreign nationals living in the UK. While the threat of international terrorism also stemmed from UK nationals, the act provided for the detention of only non-nationals. Under the Anti-Terrorism Act, foreign nationals suspected of international terrorism could be detained indefinitely without being charged or having a trial. The detainees challenged the legality of their detention, arguing that the Anti-Terrorism Act violated the European Convention on Human Rights (ECHR). The case reached the House of Lords after being heard by the Special Immigration Appeals Commission and the Court of Appeal.

Rule of Law

Issue

Holding and Reasoning (Bingham, J.)

Concurrence (Scott, J.)

Concurrence (Hoffmann, J.)

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