Facts
- Not to be confused with A v Secretary of State for the Home Department (No. 2) [2005]
- Following the implementation of the Human Rights Act 1998, prisoners claimed that their detainment in Belmarsh prison under the Anti-Terrorism, Crime and Security Act 2001 was incompatible with the ECHR
Issue
- Was detainment unlawful and/or incompatible
Decision
- Incompatible but not unlawful
Reasoning
- The court dismissed the appeal on the grounds that under the prevailing statute (The Anti-Terrorism, Crime and Security Act 2001), the treatment was lawful
- However, the court issued a statement of incompatibility with the ECHR and Parliament quickly relegislated
