USE OF SECRET EVIDENCE IN COURTS
- Session: 2009-10
- Date tabled: 14.12.2009
- Primary sponsor:
- Sponsors:
That this House believes the use of secret evidence in courts is fundamentally wrong; notes that secret evidence is evidence held by the Home Office against an individual that neither the individual, nor their legal representation, may see; further notes that in recent cases secret evidence has been used to detain individuals in prison for up to three years without charge or trial; further notes that these individuals may also be put under a control order or severe bail conditions; further believes that the use of secret evidence by the state against individuals runs entirely contrary to habeas corpus; recognises the European Court of Human Rights' ruling that detaining individuals on the basis of secret evidence is unlawful because `detainees had not been able to effectively challenge the allegations against them'; further recognises the High Court's rulings that `everyone is entitled to the disclosure of sufficient material to enable him to answer effectively the case that is made against him' in both control order and deportation order cases; is disappointed to learn that recent Special Immigration Appeals Court hearings have denied bail on the basis of no evidence whatsoever; and calls on the Government to respond immediately to the High Court ruling by ending the use of secret evidence in courts.