UKSC 26
On appeal from:  EWCA Civ 731
Secretary of State for the Home Department (Respondent) v AP (Appellant) (No. 2)
Lord Phillips, President
Sir John Dyson SCJ
JUDGMENT GIVEN ON
23 June 2010
Heard on 5 May 2010
Edward Fitzgerald QC
(Instructed by Wilson Solicitors LLP)
Robin Tam QC
(Instructed by Treasury Solicitor)
LORD RODGER (with whom all members of the court agree)
"Many of the same issues would obviously arise if an application were made to set aside the anonymity orders made in any outstanding control order proceedings. The same principles would also have to be applied, but there may be arguments and considerations in those cases which were not explored at the hearing in this case. Conceivably, also, the position might not be the same in all of the cases."
"Such public identification may lead to harassment of and the risk of violence to the individual and his family by groups or individuals. The individual may continue to live where he was living already, and may remain in his job which could be put at risk. A media thirst for detailed and accurate news, in the public interest, may generate persistent investigative reporting alongside highly intrusive watching and besetting. There may be a risk of disorder in any given local community. The knowledge that he is subject to a Control Order may conversely make him attractive to extremists in the area where he lives. It may make the provision of a range of services, including housing, to the individual or his family rather more difficult. If the individual believes that he faces these sorts of problems, he has a greater incentive to disappear, to live elsewhere in the UK or abroad. All of this can make monitoring and enforcement of the obligations more difficult, and increase significantly the call on the finite resources which the police or Security Service have to devote to monitoring the obligations. This all occurs in circumstances where the Secretary of State has been satisfied that serious criminal prosecution is not presently realistically possible, though not permanently excluded. There may therefore be an impact on other proceedings not yet underway."
In his view, such considerations justified the making of an interim anonymity order at the application stage. In the absence of any competing view, the Court considers that some weight should indeed be given to the Secretary of State's submissions that anonymity helps to make the administration of control orders more effective.