Control Orders: Borders to the Freedom of Movement or Moving the Borders of Freedom?

Abstract

In the aftermath of the 11 September 2001 attacks, the United Kingdom enacted several pieces of specialist anti-terror legislation. Increasingly, the focus of this legislation has shifted from a reactive approach to preventive measures designed to address an anticipatory risk. One of the most crucial issues within the current anti-terrorism strategy is what should be done with potentially dangerous people who have not yet begun to take concrete steps towards the commission of any offence. Under its Prevention of Terrorism Act 2005, the United Kingdom has developed a unique system, namely the so-called control orders, aiming at the prevention of the commission of terrorist acts. Individuals deemed to be involved in terrorist activities can be subjected to such control orders. The purpose of these orders, which are imposed by the Secretary of State for the Home Department, is to prevent the controlled person from continuing his or her alleged initial involvement in terrorist activities. By the detailed depiction of the British control order system, and by discussing its implications for human rights, this chapter seeks to complement the general considerations regarding the balancing of liberty and security of this volume.