ZX, R (on the application of) v The Secretary of State for Justice

Judgment

Lord Justice Davis:

Introduction

The appellant, a married man with three children, was convicted, on his plea of guilt, of two terrorism related offences. He was sentenced in the Crown Court on 6 June 2014 to a term of 3 years imprisonment. He was subsequently released on licence. Thereafter conditions were imposed on his licence precluding him from having contact with his children, save as directed by the National Probation Service (NPS) and local Children’s Services.

He now challenges the imposition of those conditions. It is said on his behalf that the NPS had no lawful entitlement to give a direction separating the appellant from his children. It is submitted that there was no properly identified risk and also that no separation could properly be directed without due compliance with the provisions of the Children Act 1989 and Children Act 2004 and, if need be, without an order of the Family Court.

Kerr J, after an oral hearing, refused the application for permission to apply for judicial review. In a detailed ex tempore judgment given on 16 December 2015 he decided that the grounds raised were not arguable. In due course permission to appeal to this court was granted by the single Lord Justice on the papers.

Before us the appellant was represented by Ms Amanda Weston and Ms Shu Shin Luh. The respondent Secretary of State for Justice was represented by Mr David Manknell.

Facts

The background facts are set out in great detail in the judgment below (albeit not in as great detail as Ms Weston would seem to wish). It is not, however, necessary for the purposes of this judgment to repeat them at any great length.

The appellant, who is of Bangladeshi origin, was born in London on 15 June 1982. He is a British citizen. On 1 June 2002, he married. There are 3 children of the marriage, 2 boys born in 2003 and 2005 and a girl born in 2011. The family has always resided in the London area.

It appeared that whilst at college the appellant had become involved in the proscribed organisation Al Muhajiroun. Thereafter in 2005 he received a community sentence for an offence of possession of an offensive weapon. On 18 April 2008 he was convicted of an offence under s. 15 of the Terrorism Act 2000 and sentenced (after an appeal against sentence) to 18 months imprisonment, together with an additional short further term for a Bail Act offence. On his release, there was a referral to social services because of concerns about potential radicalisation of the