Summarise and critically appraise the decision in A and others v Secretary of State for the Home Department [2004] UKHL 56, (also known as the Belmarsh 9 case).


  • It held that the indefinite detention of foreign prisoners in Belmarsh without trial under section 23 of the Anti-terrorism, Crime and Security Act 2001 was incompatible with the ECHR.
  • Section 23 provides that such a person may be detained, temporarily or permanently, notwithstanding that there is no prospect of deportation.
  • Those who are suspected of involvement in international terrorism, but who may not be deported, can be detained in the U.K. indefinitely, without being charged with a criminal offence and (hence) without a criminal trial or prospect thereof.
  • Article 5 of the ECHR states that “no one shall be deprived of his liberty save in certain enumerated circumstances such as the lawful detention of a person after conviction by a competent court”. It can only justify detention when deportation proceedings are in progress.
  • Detention under part 4 does not, however, fall into this category. It therefore breaches article 5(1) of the ECHR.

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