R (Fahad Ansari) v North Wales Police and Secretary of State for the Home Department
[2026] EWHC 472 (Admin)
04 Mar 2026
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The Administrative Court handed down judgment in R (Fahad Ansari) v North Wales Police and Secretary of State for the Home Department [2026] 1 WLR 3429 on minimum disclosure required by the right to a fair hearing under Article 6 ECHR in national security sensitive cases, pursuant to SSHD v AF (No. 3) [2010] 2 AC 269.
The court gave guidance on how to apply AF (No. 3), and decided AF (No. 3) disclosure did not apply where the police exercise suspicion-less powers of stop, detention, and seizure and download of electronic devices under Schedule 7 of the Terrorism Act 2000.
The Court of Appeal has stayed judicial review proceedings and has now granted permission to appeal on an “important point of principle” concerning the correct approach to AF (No. 3) disclosure. The appeal also considers, for the first time, whether AF (No. 3) disclosure is required where Schedule 7 of the 2000 Act is used to detain travellers, or seize and download their mobile phone.
Drishti Suri acts for the Claimant/Appellant, led by Rabah Kherbane and instructed by Bhatt Murphy.
The Administrative Court judgment is available here.
