Rex v. Secretary of State for Home Affairs
England and Wales Court of Appeal
Court of Appeal 1941
- Written by Deanna Curl, JD
Facts
On May 22, 1940, Home Secretary John Anderson issued an order of detention for Ben Greene (plaintiff). The stated reason for the order of detention was that Secretary Anderson had reasonable cause to believe Greene was a “person of hostile associations” and should be detained under Regulation 18B of the Defence (General) Regulations, 1939 (defence regulation 18B). Greene was subsequently detained in Brixton prison on May 24 and continued to be held under the order of the new Home Secretary, Herbert Morrison. In March 1941, Greene applied ex parte for a writ of habeas corpus in the divisional court. In response to Greene’s application, former Home Secretary Anderson submitted an affidavit indicating his order of detention was based on reports he received from individuals in responsible positions experienced in investigations. The affidavit did not name any individuals or cite specific factual allegations that caused the home secretary to reach these conclusions. Home Secretary Morrison also submitted an affidavit indicating that Greene was a person of hostile associations that did not cite specific facts to support the allegation. Greene submitted an affidavit in response to the two home secretaries’ affidavits alleging that his detention amounted to political persecution due to political animosities. The divisional court denied Greene’s application, and Greene appealed.
Rule of Law
Issue
Holding and Reasoning (Lord Scott, J.)
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