Secretary of State for the Home Department v GG
| Jurisdiction | England & Wales |
| Judgment Date | 23 July 2009 |
| Neutral Citation | [2009] EWCA Civ 786 |
| Date | 23 July 2009 |
| Court | Court of Appeal (Civil Division) |
Court of Appeal
Before Lord Justice Sedley, Lord Justice Dyson and Lord Justice Wilson
There was no general requirement in a control order to submit to searches of the person.
The Court of Appeal (Lord Justice Sedley, Lord Justice Dyson and Lord Justice Wilson) so held in a reserved judgment on July 23, 2009, when dismissing an appeal brought by the Secretary of State for the Home Department against the decision of Mr Justice CollinsUNK ([2009] EWHC 142 (Admin)) ex cising a requirement for personal searches from a control order made under the Prevention of Terrorism Act 2005.
LORD JUSTICE SEDLEY said that GG was a foreign national subject to a control order, the propriety of which was confirmed by Mr Justice Collins.
However, the judge excised the provision requiring GG to submit to any search of his person which might be required for the purposes of monitoring his compliance with other requirements of the control order as being beyond the secretary of state's powers.
The general language of section 1(3) of the 2005 Act was insufficient to authorise including in a control order a general requirement to submit to searches of the person.
The absence of such a power from the list...
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Mahmud's (Omar) Application
...wrongs rather than by affirmative declarations” which the Court of Appeal in Secretary of State for the Home Department v GG ([2009] EWCA Civ 786) [2010] QB 585 §12 described as “an artefact of our constitutional history.” [37] It is sometimes observed that awards of this kind might be more......
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Akj and Others v Commissioner of Police for the Metropolis and Another
...point commonly adopted is Blackstone's Commentaries on the Laws of England first published in 1765 (see for example Sedley LJ in Home Secretary v GG [2010] QB 585; [2009] EWCA Civ 786 at para 11). 63 There are a number of reasons why it is not as easy as it should be to identify the fundam......
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AJA and Others v Commissioner of Police for the Metropolis (1st Respondent) Chief Constable of South Wales Police (2nd Respondent) Association of Chief Police Officers (3rd Respondent)
...fundamental common law right to personal security: see Blackstone Commentaries (Vol 1, First Edition, pp 123–130); GG v Secretary of State for the Home Department [2009] EWCA Civ 786, [2010] QB 585 at paras 10 to 13; Collins v Wilcock [1984] 1 WLR 1172, 1178 C-E and Clerk & Lindsell on Tor......
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The Queen (on the application of HM) v Secretary of State for the Home Department
...confer separate “search and sift” powers of premises and persons respectively. 65 In Secretary of State for the Home Department v GG [2009] EWCA Civ 786, the Court of Appeal held it was axiomatic that the fundamental common law rights of personal security and personal liberty prevent any o......