Since the Law Lords, the UK?s highest court, ruled in December 2004 that the law, which allowed for the detention of foreigners without trial, was illegal and violated basic human rights, the UK government has struggled to draft suitable alternative legislation (WAR Report). The solution proposed by the British government was to give the UK home secretary the power to impose a ?control order? on terrorist suspects that would place them under house arrest if they were deemed to be a threat to national security. However, after significant resistance from the judiciary, opposition parties, and civil rights groups, the government has bowed to pressure and amended this proposal so that judges would now impose such ?control orders.? However, this has not calmed opponents, who claim that this legislation does not comply with the European human rights laws, by which the UK is bound.

The main complaint is that the amended law does not give lawyers acting for the accused, the chance to make a defense case before a ?control order? is issued and that the threshold of evidence required to initiate this measure is too low. Judges, politicians, and activists also expressed concern about the use of information secured by torture. Public concern regarding this issue has increased significantly in the UK since media stories first surfaced about the abuse of Islamic detainees held by the United States . Public confidence has been undermined further by recent reports that the United States has transferred some terrorist suspects to nations, which have a record of abusing prisoners.