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The Secretary of State for the Home Department v Ammori, R (on the application of)

Smart Summary

Factual and Procedural Background

The Respondent, a co‑founder of an organisation referred to in this summary as "Organization A", challenged the Appellant's decision to proscribe Organization A under section 3 and schedule 2 of the Terrorism Act 2000 (the "Proscription Decision"). The Proscription Decision was announced to Parliament on 23 June 2025 and the implementing order came into force on 5 July 2025.

Organization A had engaged in a nationwide campaign of direct action against corporate and institutional targets, including three incidents identified by the courts as causing serious damage to property. Organization A published an operational document (the "Underground Manual") describing covert cell structures, reconnaissance and tactics including use of sledgehammers and other means to cause property damage.

The Divisional Court (Judge Swift and Judge Steyn) quashed the Proscription Decision in February 2026, upholding two grounds: (i) that the Appellant had breached her own Proscription Policy by taking into account certain "other factors" (notably operational benefits of proscription); and (ii) that the Proscription Decision was disproportionate as an interference with Articles 10 and 11 ECHR. The Appellant was granted permission to appeal and the Divisional Court stayed its quashing order.

The Court of Appeal (panel delivered by Judge Carr with Judges Vos, Edis, Lewis and Whipple) heard the appeal and, after an open judgment (and a closed judgment on closed materials), allowed the Appellant's appeal, set aside the quashing order and refused the Respondent permission to cross‑appeal on the Procedural Fairness and Discrimination grounds.

Legal Issues Presented

  1. Whether the Appellant lawfully applied the Proscription Policy when deciding to proscribe Organization A (the Policy Ground).
  2. Whether Article 17 ECHR prevented Articles 10 and 11 from being engaged in respect of expressions of support for Organization A.
  3. Whether the Proscription Decision was a proportionate interference with Articles 10 and 11, applying the four‑stage test in Bank Mellat v HM Treasury (No 2).
  4. Whether procedural fairness required the Appellant to give Organization A an opportunity to make representations before laying the proscription order before Parliament (Procedural Fairness Ground).
  5. Whether the Proscription Decision was unlawfully discriminatory contrary to Article 14 read with Articles 10 and 11 (Discrimination Ground).

Arguments of the Parties

Appellant's Arguments

  • The Proscription Policy did not restrict the Appellant from taking into account operational benefits of proscription; the list of factors is non‑exhaustive and the Appellant lawfully considered operational impact and future risk.
  • Article 17 should exclude from protection under Articles 10 and 11 any expression or association amounting to support for an organisation engaged in terrorism.
  • The Divisional Court failed to afford the proper margin of appreciation to the Appellant on matters of national security; the decision was within the Appellant's institutional competence and democratically accountable judgment.

Respondent's Arguments

  • The Appellant breached the Proscription Policy by relying on operational consequences that the Policy did not permit, and thus acted unlawfully in applying the Policy.
  • The Proscription Decision was disproportionate under Articles 10 and 11 because only a small number of Organization A's actions amounted to terrorism and less intrusive measures (civil remedies or ordinary criminal prosecutions) were available.
  • The Appellant acted unlawfully by failing to give Organization A an opportunity to make representations before proscription (Procedural Fairness Ground) and the decision was indirectly discriminatory contrary to Article 14 (Discrimination Ground).

Interveners' Arguments

  • Interveners (including the United Nations Special Rapporteur, Amnesty and Liberty) submitted that there is an emerging international consensus that proscription of groups of this type is disproportionate and that a narrower margin of appreciation should be applied; they emphasised risks of chilling effect on lawful protest and fundamental importance of Articles 10 and 11.

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
Bank Mellat v HM Treasury (No 2) [2013] UKSC 39; [2014] AC 700 (Bank Mellat) The four‑stage proportionality test for assessing limitations on Convention rights. The court applied the four‑stage Bank Mellat test afresh (not confined to review) and used it as the central framework for assessing proportionality of the Proscription Decision.
Rehman v Secretary of State for the Home Department [2001] UKHL 47; [2001] 1 AC 153 (Rehman) Principles on judicial review in national security contexts and deference to executive assessments. Relied on by the Appellant (among other authorities) to support the argument for appropriate deference/margin of appreciation to the executive on national security matters; the court gave weight to that line of authority.
R (Lord Carlile of Berriew) v Secretary of State for the Home Department [2015] AC 945 (Carlile) Executive competence and judicial review standards in security‑related decisions. Relied on by the Appellant to support deference to executive judgment; the court treated it as part of the authorities informing margin of appreciation.
Begum v Secretary of State for the Home Department [2021] UKSC 7; [2021] AC 765 (Begum UKSC) Principles on proportionality and rights in contexts involving national security and public safety. Cited in support of the Appellant's submissions about institutional competence and margins of judgment; used in the court's margin analysis.
U3 v Secretary of State for the Home Department [2025] UKSC 19; [2025] AC 1510 (U3) Guidance on review standards in national security and proportionality considerations. Included among authorities relied on by the Appellant; used to inform the court's approach to deference and fresh assessment.
Shvidler v Secretary of State for Foreign, Commonwealth and Development Affairs [2025] UKSC 30; [2025] 3 WLR 346 (Shvidler) Approach to when the appellate court should undertake its own proportionality assessment in sensitive matters. Cited as authority for the proposition that the Court of Appeal should consider proportionality afresh in a case of major public significance; the court followed that guidance and reassessed proportionality itself.
R v ABJ [2026] UKSC 8 (ABJ) Statements on margin of appreciation in relation to indirect support for terrorism. Used by the court to support the proposition that states enjoy a wide margin of appreciation when prohibiting indirect support for terrorism and to inform the margin accorded to the Appellant.
Schwabe v. Germany (2011) 59 EHRR 28 ECtHR authorities on prohibition of indirect support for terrorism and margin of appreciation. Cited by the court as part of the Strasbourg authorities supporting a wide margin of appreciation for states concerning indirect support for terrorism.
Internationale Humanitare Hilfsorganisation eV v. Germany (Application No 11214/19) 10 October 2023 (unreported) (Internationale Humanitare) ECtHR reasoning on prohibition of indirect support for terrorism and state margin. Relied on by the court to show the wide margin states enjoy regarding prohibition of indirect support for terrorism; the court treated alleged international consensus as insufficiently established.
Roj TV A/S v Denmark (2018) 67 EHRR SE8 Article 17 jurisprudence and exclusion of Convention protection in extreme cases. Cited by the Appellant in support of an Article 17 argument; the court held Article 17 threshold was high and did not apply to negate Articles 10/11 engagement in this case.
Sabuncu v Turkey (23199/17) 19 April 2021 Strasbourg authority on Article 17 and its high threshold. Relied on by the Appellant; the court concluded Article 17 did not operate to prevent Articles 10/11 being engaged for many peaceful protesters.
Perincek v Switzerland (2016) 63 EHRR 6 Grand Chamber on exceptional application of Article 17 in Article 10 cases. Used by the court to emphasise the high threshold for Article 17 and to reject the Appellant's submission that Article 17 negated protection in this context.
R v Secretary of State for the Home Department ex p Doody [1994] 1 AC 531 (Doody) Principles on fairness and when a duty to consult or to give representations arises. Cited in the Procedural Fairness analysis; the court concluded the 2000 Act impliedly excluded a duty to consult and that, in the circumstances, no unfairness arose requiring prior representations.
Sunday Times v United Kingdom (No 2) [1992] 14 EHRR 229 Foundational principles on freedom of expression and narrow interpretation of restrictions. Relied on to frame the importance of Articles 10/11 and to caution that restrictions must be convincingly established; informed the weight given to free speech considerations.
Steel v United Kingdom (1999) 28 HRR 603 Importance of freedom of expression for individual self‑fulfilment. Cited to underscore the value of expression in the proportionality balancing exercise.
Ziliberberg v Moldova (App. No. 61821/00) 5 May 2004 Supportive Strasbourg authority on freedom of expression. Referred to in setting out the nature and weight of Article 10 rights in the balance.
R v Jones (Margaret) [2007] 1 AC 136 (Jones) Legal perspective on civil disobedience and its characterisation. Used to explain the distinction between traditional civil disobedience (public, non‑violent, accepting legal consequences) and Organization A's covert activities.
Cuadrilla Bowland Ltd v. Persons Unknown [2020] EWCA Civ 9; [2020] 4 WLR 29 (Cuadrilla) Discussion of civil disobedience as political protest and relevant features. Cited alongside Jones to contrast legitimate civil disobedience with Organization A's covert, cell‑based, damaging activities.
The First Secretary of State and another v Sainsbury's Supermarkets Ltd [2005] EWCA Civ 520 Guidance on interpreting policy documents objectively and contextually. Relied on in the court's interpretation of the Proscription Policy as a public information document to be read in context and not over‑analysed.
Tesco Stores Ltd v Dundee City Council [2012] UKSC 13; [2012] PTSR 983 Warnings against over‑legalistic reading of policies; interpret policies sensibly. Applied in construing the Proscription Policy as broadly framed and non‑limiting.
R v Criminal Injuries Compensation Board ex p K [1998] 1 WLR 1458 Authority on interpreting policy materials and administrative guidance. Used to support the proposition that policy documents are guides, not statutory rules, and should not be over‑parsed.
Secretary of State for Communities and Local Government v. Hopkins Homes Ltd [2017] UKSC 37; [2017] 1 WLR 1865 Different standards of policy interpretation depending on wording and context. Referred to in explaining that some policies permit broader readings and less legalistic interpretation.
R (Tesco Stores Ltd) v. Stockport MBC [2025] EWCA Civ 610; [2025] PTSR 1877 Warnings about courts becoming policy‑makers by excessive analysis of policy documents. Relied on to caution against an overly analytical reading of the Proscription Policy; supported the court's less restrictive construction.
R (BYL) v. Chancellor of the Exchequer [2026] EWCA Civ 170 Guidance on judicial role and deference in sensitive matters. Cited for the proposition that courts should respect executive judgments while retaining ultimate supervisory role; informed margin analysis.
R (SC) v Secretary of State for Work and Pensions [2021] UKSC 26; [2022] AC 233 Use of international consensus as a factor in margin of appreciation assessment. Referred to in assessing the relevance (or lack) of alleged international consensus to narrow the margin of appreciation.
Settlers Court RTM Co Ltd v. FirstPort Property Services Ltd [2022] UKSC 1 Principles of statutory interpretation against constructions producing impractical or absurd results. Applied in construing the Terrorism Act 2000 as implicitly excluding a duty to consult before proscription.

Court's Reasoning and Analysis

The court proceeded in the following stages.

  1. Interpretation of the Proscription Policy: The court held that the Policy is a broadly framed public information document whose enumerated factors are non‑exhaustive. The Policy did not limit the Appellant from taking into account "other factors" such as the operational benefits of proscription in a particular case. The Divisional Court's narrower interpretation was rejected as excessively analytical.
  2. Article 17: The court held that Article 17's threshold is high and applies only in extreme cases. Many aims of Organization A (opposition to certain foreign policy actions) are not acts aimed at destruction of Convention rights. Article 17 did not preclude Articles 10 and 11 being engaged (the "chilling effect" on peaceful protesters remained a relevant consideration).
  3. Approach to proportionality and standard of review: Citing Shvidler and Bank Mellat, the court decided to undertake the four‑stage Bank Mellat proportionality analysis afresh rather than simply review the Divisional Court, because of the case's major social and political significance.
  4. Margin of appreciation: The court recognised and accorded a wide margin of appreciation to the Appellant on national security matters, emphasising executive institutional competence and democratic accountability, but noted that the court remains ultimate arbiter.
  5. Application of Bank Mellat tests:
    • Importance of objectives (stage 1): The court accepted the legitimate aims (protection of rights of others and national security) as sufficiently important.
    • Rational connection (stage 2): The court found the Proscription Decision rationally connected to those objectives on the evidence (assessments from Agency A, Police Unit A and the Review Group).
    • Less intrusive measures (stage 3): The court concluded there were no satisfactory less intrusive measures. Ordinary criminal prosecutions, civil remedies or targeted orders would not achieve the holistic disruptive effect proscription would provide, and the Appellant had considered these alternatives.
    • Fair balance (stage 4): The court balanced the significant interference with Articles 10 and 11 against the community interests and future risk. It placed weight on Organization A's covert cell structure, the Underground Manual, the escalating trajectory of damaging activity, attacks on key infrastructure and impact on third parties, and on the operational benefits of proscription. Affording appropriate deference, the court concluded the Appellant struck a fair balance and the interference was proportionate.
  6. Procedural Fairness and Discrimination cross‑appeal: The court found the Terrorism Act 2000 impliedly excludes a duty to consult a suspected terrorist organisation before proscription and, in the circumstances, no unfairness required prior representations. On discrimination, the court found no evidence that Organization A was treated differently from materially analogous groups or that proscription had a disproportionate adverse impact on a protected group; the Article 14 complaints had no realistic prospect of success.

Holding and Implications

APPEAL ALLOWED; QUASHING ORDER SET ASIDE; PROSCRIPTION ORDER UPHELD.

Direct effects: The Court of Appeal allowed the Appellant's appeal, held that the Proscription Decision was lawful, set aside the Divisional Court's quashing order and refused the Respondent permission to cross‑appeal on Procedural Fairness and Discrimination grounds.

Implications: The decision reinstates the Proscription Order in respect of Organization A and confirms that (i) the Proscription Policy is not a limiting instrument preventing consideration of operational benefits, (ii) Article 17 does not automatically exclude Articles 10 and 11 in this factual context, and (iii) courts should afford a wide margin of appreciation to the executive on national security matters while retaining ultimate supervisory authority. The court applied established authorities and did not indicate the setting of a novel legal precedent beyond application of existing principles.

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The Secretary of State for the Home Department v Ammori, R (on the application of)

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The Secretary of State for the Home Department v Ammori, R (on the application of)
(Jun 15, 2026)