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Counter-Terrorism (Key CT legislation since 2000 (PTA 2005 introduced…

- - - - However, this is not entirely true. The ECHR allows for a balance between individuals' and the community's rights - if the context allows for govt action and the govt is able to show that their actions are proportionate, then it is likely that the derogation will be permissible.
- - - - Defined in Lawless to be "a situation of exceptional danger affecting the general public"
        
        Refined in The Greek Case to include 4 characteristics:
        
        Must involve the whole nation
        
        The continuance of the community must be threatened
        
        Must be imminent
        
        Normal measures cannot suffice to protect the community
  - - - However, case is notable for Lord Atkin's strong dissent highlighting the need to adhere to the rule of law and democracy
- - - - Very rarely used and generally considered unnecessary
  - - - Several foreign nationals were placed under control orders for suspected terrorism and the courts held that this was a disproportionate interference with their Art 5 rights.
        
        Key point to note is that the curfew imposed was 18 hours long
      - Contrasted against the E case
        
        E placed under control order but courts held not disproportionate interference.
        
        Quite difficult to ascertain what the tipping point between JJ and E is but a notable difference is that the curfew imposed on E was only 12 hours