Lord Binghams Dicta on the Principle of Legality Case Study

Lord Binghams Dicta on the Principle of Legality - Case Study Example It applied to persons who ‘cannot be deported because there is no ‘safe’ country to which they can be sent’. The detainees were able to challenge their detention under s25 and s30 ATCSA. S25 allowed an appeal to the Special Immigration Appeals Commission (SIAC) against the Home Secretary’s decision and Section 30 ATCSA allowed the SIAC to hear appeals against the validity of the UK’s derogation from Article 5 ECHR .Lord Bingham’s Dicta on the Principle of Legality.The House of Lords had to decide whether the Special Immigration Appeals Commission (SIAC) could rely on evidence obtained under torture by a foreign power - without UK complicity - during an appeal hearing. Evidence had been obtained from third parties by agents of the United States using methods known as ‘interrogation by extraordinary rendition’ . The SIAC and the Court of Appeal (CA) held that the evidence was admissible . The CA majority decision was based on Rule 44(3) of the SIAC procedural code which allows the SIAC to review evidence which would not be admissible in a court of law . Laws LJ expressly excluded evidence obtained with the complicity of the Home Secretary or any English authority regardless of the contingency The appellants argued that:ï‚ ¾ The common law position is firmly against torture which is enshrined in s76 of the Police and Criminal Evidence Act 1984