Terror order on Yorkshire suspect must be revoked

The Home Secretary must revoke a control order imposed on a terror suspect from Yorkshire, the Court of Appeal ruled yesterday.

Three judges agreed that the order on a man known only as BM, a 38-year-old British national born in Sheffield, was so flawed that it could not stand.

Lord Justice Sedley, Lord Justice Thomas and Lord Justice Hooper gave Home Secretary Theresa May 48 hours to obey the ruling and to obtain a new order “if she considers it necessary to do so”.

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The court stressed that, even though the existing order was flawed, the Home Secretary had “legitimate interests” that needed to be protected in the name of national security.

A prosecution being brought against BM for contravening the current order must be discontinued now that it has been found to be flawed.

Although never prosecuted, it is alleged that BM became active around 2001 and travelled to Pakistan on a number of occasions on trips at least in part connected with terrorist activity.

A Home Office spokesman said: “We are disappointed with the court’s decision to allow this appeal and we are now considering the judgment carefully.

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“The court made plain that its decision was based solely on open material even though we argued that the control order was necessary on the basis of the entirety of the case, both open and closed.”

The Home Secretary has power to make control orders in cases where persons are suspected of involvement in terrorism but have never been put on trial. The orders restrict an individual’s movements and are the subject of long-running controversy.