Prisoner successful in first round terrorism law challenge

Mohammed Zahir Khan, serving four-and-a-half years in prison on a terrorism charge, has won the first round in his legal challenge to emergency legislation preventing early automatic release of terrorism offenders.

His lawyers are arguing that the Terrorist Offenders (Restriction of Early Release) Act, which only became law in February, discriminates against Muslims. Hugh Southey QC, representing Khan, told a high court hearing that terrorist prisoners are being treated differently from other inmates and that the regulations breached his human rights. Mr Justice Garnham ruled that Khan had an ‘arguable case’ and that his claim should now be fully analysed at a trial.

The Terrorist Offenders (Restriction of Early Release) Act requires those convicted of terror offences to spend two-thirds of their term in jail before being considered for release. The court heard that the new rules, introduced at the start of the year after a recently freed terror offender, Sudesh Amman, launched a knife attack in Streatham, are directed against those holding ‘particular Islamic beliefs’ and have a ‘disproportionate impact’ on Muslims.

Khan would previously have been eligible for automatic release in February 2020 but is now due to be considered for release in November 2020.