UK PUBLIC LAW

The Secretary of State is given power by section 2 of the (hypothetical) Public Health (Emergency Actions) Act 2020 to: "detain without trial any person the Secretary of State reasonably believes is a threat to public health". Recently there has been a considerable increase in the number of large, sometimes violent, protests by various groups, some arguing that more must be done by government to force people to be vaccinated against viruses such as Covid - 19 and some arguing that vaccinations should be unlawful.

Abe is caught up in a protest while walking to work and is arrested and detained under the section 2 powers on the ground that the "Secretary of State is satisfied" that he "could be a threat to public health". Abe is wearing a badge indicating that he is against compulsory vaccination, but he has never participated in a violent protest and has expressed strong views on social media against such protests.

Explain whether there are grounds for seeking judicial review to challenge the legality of Abe's detention?

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