Last amended by Terrorism Prevention and Investigation Measures Act 2011 in 2011. Repealed the Act and replaced control orders with Terrorism Prevention and Investigation Measures (TPIMs).
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
Summary
The Prevention of Terrorism Act 2005 created 'control orders' — a regime of executive restrictions imposed on individuals suspected of involvement in terrorism-related activity who could not be prosecuted or, for foreign nationals, deported. It was passed rapidly after the House of Lords held the previous regime of indefinite detention of foreign terror suspects unlawful in A v Secretary of State (the Belmarsh case). A control order could impose obligations such as curfews, electronic tagging, and restrictions on movement, association, and communication. 'Non-derogating' orders were made by the Home Secretary subject to court supervision (ss.1-3); the more intrusive 'derogating' orders required a court and a derogation from the ECHR (s.4). The regime was heavily litigated — notably Secretary of State v AF (No 3), which required that a controlee be told enough of the case against them to give effective instructions. The Act was repealed and control orders replaced by Terrorism Prevention and Investigation Measures (TPIMs) under the Terrorism Prevention and Investigation Measures Act 2011.
Key Points
- Control orders imposed obligations on suspects — curfew, electronic tagging, reporting requirements, and restrictions on association and communication
- Non-derogating control orders (Home Secretary, court-supervised) and derogating control orders (court, requiring an ECHR derogation)
- Heavily litigated — Secretary of State v AF (No 3) required disclosure of sufficient case to give effective instructions
- Repealed and replaced by TPIMs under the Terrorism Prevention and Investigation Measures Act 2011
Parts & Sections
Amendments History
2011 — Terrorism Prevention and Investigation Measures Act 2011
Repealed the Act and replaced control orders with Terrorism Prevention and Investigation Measures (TPIMs).
Frequently asked questions
- What were control orders under the Prevention of Terrorism Act 2005?
- The Prevention of Terrorism Act 2005 created a regime of 'control orders'. These were executive restrictions imposed on individuals suspected of involvement in terrorism-related activity who could not be prosecuted or, in the case of foreign nationals, deported. The Act was passed rapidly following a House of Lords decision that deemed the previous regime of indefinite detention unlawful.
- What restrictions could a control order impose on an individual?
- Control orders could impose various obligations on suspects to protect the public from terrorism risks. These included curfews, electronic tagging, reporting requirements, and restrictions on movement, association, and communication. The specific obligations depended on whether the order was classified as non-derogating or derogating, with the latter being more intrusive.
- What is the difference between non-derogating and derogating control orders?
- Non-derogating control orders were made by the Home Secretary but required court supervision and permission. Derogating control orders were more intrusive and imposed obligations incompatible with Article 5 of the ECHR. These could only be made by a court and required a designated derogation from the ECHR to be in force.
- How much information did a suspect have to be given about the case against them?
- The regime was heavily litigated. A notable case, Secretary of State v AF (No 3), established that a person subject to a control order must be told enough of the case against them to enable them to give effective instructions to their legal representatives. This requirement was crucial for ensuring the fairness of the process.
- Is the Prevention of Terrorism Act 2005 still in force?
- The Prevention of Terrorism Act 2005 has been repealed. It was replaced by the Terrorism Prevention and Investigation Measures Act 2011, which introduced Terrorism Prevention and Investigation Measures (TPIMs) as the new legal framework for imposing restrictions on individuals suspected of terrorism-related activity.