Public and constitutional law: Angered by the fact that terrorist suspects are successfully challenging measures before the courts to combat terrorism introduced by Parliament Custom Paper

Word limit 2,500. advised to dedicate 75% of the answer to part i) and the remainder to part ii). OSCOLA referencing should be used.
Angered by the fact that terrorist suspects are successfully challenging measures before the courts
to combat terrorism introduced by Parliament, the Prime Minister and Home Secretary seek to use
prerogative powers of public order and national security to deal with the situation. An Order in
Council setting out the details of the powers is published through the Privy Council. Article 1 of the
Order states that the Human Rights Act 1998 has no application to the exercise of powers or
procedures contained within the Order.
A special tribunal will be established under the Order in Council to order detention of those
suspected of being terrorists, or being terrorist sympathisers. Pending a hearing, suspects may be
detained for ninety day renewable periods. The tribunal will hear cases in private in the absence of
the suspect. A state advocate will be appointed to represent the interests of the suspects but the
advocate will not meet with suspects. Those found guilty will be detained indefinitely and will be
allowed no visitors. They will be subject to a ‘harsh but realistic’ regime of incarceration. There will
be no appeal from the tribunal’s decision except to the Home Secretary. Press reports of any
matters relating to the suspects and their hearings will be forbidden.
Advise the Prime Minister and Home Secretary of any problems they are likely to encounter with
the Order in Council and its provisions
i) in the courts
ii) in Parliament.

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