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A v Home Secretary [2004]

Facts

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
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