submissions to SIAC and cross-examine witnesses when an appellant is
excluded and make written submissions (rule 35), but may not without
the directions of SIAC communicate with an appellant or his lawyer or
anyone else once the closed material has been disclosed to him (rule 36).
Rule 44(3) provides that SIAC “may receive evidence that would not be
admissible in a court of law”. The general rule excluding evidence of
intercepted communications, now found in section 17(1) of the
Regulation of Investigatory Powers Act 2000, is expressly disapplied by
section 18(1)(e) in proceedings before SIAC. SIAC must give written
reasons for its decision, but insofar as it cannot do so without disclosing
information which it would be contrary to the public interest to disclose,
it must issue a separate decision which will be served only on the
Secretary of State and the special advocate (rule 47).
The appellants and the proceedings
8.
Of the 10 appellants now before the House, all save 2 were
certified and detained in December 2001. The two exceptions are B and
H, certified and detained in February and April 2002 respectively. Each
of them appealed against his certification under section 25. Ajouaou and
F voluntarily left the United Kingdom, for Morocco and France
respectively, in December 2001 and March 2002, and their certificates
were revoked following their departure. C’s certificate was revoked on
31 January 2005 and D’s on 20 September 2004. Abu Rideh was
transferred to Broadmoor Hospital under sections 48 and 49 of the
Mental Health Act 1983 in July 2002. Conditions for his release on bail
were set by SIAC on 11 March 2005, and on the following day his
certificate was revoked and a control order (currently the subject of an
application for judicial review) was made under the Prevention of
Terrorism Act 2005, enacted to replace Part 4 of the 2001 Act. Events
followed a similar pattern in the cases of E, A and H, save that none was
transferred to Broadmoor and notice of intention to deport (currently the
subject of challenge) was given to A and H in August 2005, since which
date they have been detained. The control orders made in their cases
were discharged. B’s case followed a similar course to A’s, save that he
was transferred to Broadmoor under sections 48 and 49 of the 1983 Act
in September 2005. In the case of G, bail conditions were set by SIAC
in April 2004 and revised on 10 March 2005. His certificate was
revoked and a control order made under the 2005 Act on 12 March
2005. He was given notice of intention to deport (which he is
challenging) on 11 August 2005, and he has since been detained. His
control order was discharged.
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