In A and Others v Secretary of State for the Home Department [2004] UKHL 56, the House of Lords made a declaration under the HRA 1998, s 4 that the Anti-Terrorism, Crime and Security Act 2001, s 23 was incompatible with the ECHR, arts 5 and 14, insofar as it was disproportionate and permitted detention of suspected international terrorists without charge or trial and discriminated on the ground of nationality or immigration status.