A Control Order may be imposed, for example, when an individual is under investigation for terrorism offences.
A Control Order can be imposed by the court under the Prevention of Terrorism Act, to restrict a suspect’s movements and liberty, in order to protect the public.
Control Orders are imposed by the Home Secretary if there are reasonable grounds to believe an individual is or has been involved in terrorism offences.
After the Home Secretary has successfully applied to the court for a Control Order, a full hearing may be held to examine the evidence that a suspect was involved in terrorist activities, such as training for terrorism.
The conditions of a Control Order may require a suspect to be confined to their home, without access to communications devices such as mobile phones or computers. A Control Order can also impose a curfew on a suspect and restrict whom they can associate with.
Those subject to a Control Order may also be electronically tagged.
There are limited rights of appeal under a Control Order, even though some conditions may constitute a breach of Human Rights – for example, if an individual subjected to a Control Order is separated from their family as a result or is simply denied their liberty.
Only in cases where it can be proved that the Home Secretary’s judgement in imposing a Control Order was erroneous is an appeal likely to be successful.
Breaching the conditions of a Control Order is a criminal offence – even though those subjected to a Control Order might not have been convicted of any offence. The maximum sentence for breaching a Control Order is five years in jail.
As an alternative, the Home Secretary may also impose a Derogating Control Order lasting six months, before it is re-imposed if necessary.
Derogating Control Orders are less restrictive – and it is possible to appeal against them or apply to the court to have them modified.
Duncan Lewis can advise at any stage of an application by the Home Secretary to impose a Control Order, including advising on appeals and how to modify the conditions imposed by a Derogating Control Order.
The Duncan Lewis Crime Department is ranked in Legal 500 2014 for its General Crime and White Collar Fraud Work.
Duncan Lewis crime lawyers have acknowledged expertise in case building based on a sound knowledge of the criminal justice system – and the ability to assemble compelling evidence and documentation in cases involving terrorism charges and Control Orders.
Duncan Lewis represents clients at Police Stations, Magistrates’ Courts, Crown Courts, and at Appeal Courts such as the Court of Appeal – and has highly experienced Higher Court Advocates with a background in conducting serious matters such as terrorism, murder and rape.
Clients do not have to wait until they have been arrested to contact Duncan Lewis about any criminal charges – our team can advise from the initial stages of a police inquiry involving allegations of terrorism.
Duncan Lewis crime lawyers can also advise on appeals against Control Orders and applications to modify the conditions of a Derogating Control Order, as well as wrongful arrest and false imprisonment relating to terrorism allegations.
All Duncan Lewis terrorism solicitors are highly trained and highly experienced – and are dedicated to offering the best criminal defence services to our clients at police stations, courts and prisons.
There are Duncan Lewis offices nationwide – including more than 20 offices across London and the southeast and in all major cities across England and Wales.
A member of the Duncan Lewis criminal defence team can usually reach a client at a police station or court within 45 minutes to offer expert legal advice on all terrorism charges and for police interview under caution.
We aim for the best possible outcome for clients facing terrorism charges – call Duncan Lewis any time on 020 7923 4020 for expert legal advice.
For 24/7 help at a police station in England and Wales, call the Duncan Lewis Emergency Hotline on 020 7275 2036.
Duncan Lewis is a leading provider of Legal Aid criminal defence services – Legal Aid is means tested and may only be available in certain circumstances.
Duncan Lewis can advise further on Legal Aid at the initial client meeting.
In cases where a client may not be eligible for Legal Aid, Duncan Lewis terrorism solicitors offer competitively-priced fee levels for private client representation – with fixed fees and advance notice of any costs whenever possible.
In some criminal cases, after the event insurance may be an option and Duncan Lewis will advise on an appropriate level of insurance to cover the potential costs of defending a criminal case and to pay any costs imposed by the court.
Call Duncan Lewis Terrorism Solicitors on 020 7923 4020 for expert legal advice on Breaching a Control Order.