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Terror suspects win legal battle Terror suspects win legal battle
(10 minutes later)
Three terror suspects on control orders have unanimously won a major ruling over the use of secret evidence.Three terror suspects on control orders have unanimously won a major ruling over the use of secret evidence.
Nine Law Lords allowed the men's appeals after they had argued they did not know what they were accused of.Nine Law Lords allowed the men's appeals after they had argued they did not know what they were accused of.
The Law Lords have not quashed the men's control orders, but instead ordered their cases to be heard again.The Law Lords have not quashed the men's control orders, but instead ordered their cases to be heard again.
The Home Office said it was "extremely disappointed". It uses control orders against terror suspects who cannot be tried because of secret information. The Home Office said it was "extremely disappointing". It uses control orders against terror suspects who cannot be tried because of secret information.
Home Secretary Alan Johnson said protecting the public was his "top priority".
"This judgment makes that task harder," he said, insisting they tried to ensure reliance on sensitive material would not affect the right to a fair trial.
'Creep of complacency'
The Law Lords ruling is a major decision about the legality of using large amounts of secret evidence in control order cases.The Law Lords ruling is a major decision about the legality of using large amounts of secret evidence in control order cases.
Under the system, terrorism suspects have their liberty restricted with home curfews, electronic tagging and bans on whom they can meet and where they can go.Under the system, terrorism suspects have their liberty restricted with home curfews, electronic tagging and bans on whom they can meet and where they can go.
The men can challenge the orders - but they are not allowed to see any of the secret intelligence assessments that form the basis of the restrictions.The men can challenge the orders - but they are not allowed to see any of the secret intelligence assessments that form the basis of the restrictions.
'Creep of complacency'
Ruling in favour of the men Lord Phillips of Worth Matravers, the senior Law Lord on the case, said: "A trial procedure can never be considered fair if a party to it is kept in ignorance of the case against him."Ruling in favour of the men Lord Phillips of Worth Matravers, the senior Law Lord on the case, said: "A trial procedure can never be considered fair if a party to it is kept in ignorance of the case against him."
The eight other Lords agreed, with Lord Hope adding: "The slow creep of complacency must be resisted."The eight other Lords agreed, with Lord Hope adding: "The slow creep of complacency must be resisted."
He said to protect the rule of law courts must "insist that the person affected be told what is alleged against him".He said to protect the rule of law courts must "insist that the person affected be told what is alleged against him".
In practical terms, the ruling means the cases must return to the High Court lower courts to be reheard.In practical terms, the ruling means the cases must return to the High Court lower courts to be reheard.
In turn, the Home Office will need to decide either to release more material to the men and to the public - or rescind the orders.In turn, the Home Office will need to decide either to release more material to the men and to the public - or rescind the orders.
While the ruling does not ban control orders, it could have a major impact on the use of secret evidence in British courts. As of March this year, 17 men were being held on control orders.While the ruling does not ban control orders, it could have a major impact on the use of secret evidence in British courts. As of March this year, 17 men were being held on control orders.
Following Wednesday's ruling the Home Secretary added that all control orders would remain in force for the time being and "we will continue to seek to uphold them in the courts".
There are thought to be at least 20 national security deportation cases which also involve closed material.There are thought to be at least 20 national security deportation cases which also involve closed material.
Following Wednesday's ruling Mr Johnson added: "All control orders will remain in force for the time being and we will continue to seek to uphold them in the courts. In the meantime we will consider this judgment and our options carefully.
"We introduced control orders to limit the risk posed by suspected terrorists whom we can neither prosecute nor deport.
"The government relies on sensitive intelligence material to support the imposition of a control order, which the courts have accepted would damage the public interest to disclose in open court."
He added that the government took human rights seriously.