CASES: Special Advocates,Control Orders and the Right to a Fair Trial |
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| Authors: | Aileen Kavanagh |
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| Affiliation: | 1. University of Oxford;2. aSt Edmund Hall, University of Oxford. Part of this article was presented at the JC Smith Workshop on the Human Rights Act 1998 at the University of Nottingham on 26 February 2010 and at a seminar at the University of Oxford entitled ‘Special Advocates, Control Orders and National Security’ on 9 June 2010. I benefited greatly from the feedback I received at both of these seminars. |
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| Abstract: | In Secretary of State for the Home Department v AF (No 3), the House of Lords decided that Article 6 ECHR requires a ‘core irreducible minimum’ of procedural fairness such that ‘the controlled person must be given sufficient information about the allegations against him to give effective instructions to the Special Advocate’. This case‐note will discuss the challenges facing Special Advocates in control order proceedings and the impact AF may have on the measure of procedural fairness owed to individuals in closed proceedings. It will also address the judicial use of sections 2 and 3 of the Human Rights Act 1998 in arriving at the outcome in AF. |
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