Explanatory Notes

Prevention of Terrorism Act 2005

2005 CHAPTER 2

11 March 2005

Commentary

Section 3: Supervision by court of making of non-derogating control orders

Subsections (12) to (14)

38.Subsections (12) and (13) explain that, in a full hearing on a non-derogating control order, if the court decides that a decision of the Secretary of State was flawed, it may:

a)

quash the control order;

b)

quash one or more of the obligations contained in the control order;

c)

give directions to the Secretary of State for him to revoke or modify the order;

d)

decide that the control order should continue in force.

39.Subsection (14) provides that the court must discontinue the full hearing on a non-derogating control order if requested to do so by the controlled person.