F1PART 76PROCEEDINGS UNDER THE PREVENTION OF TERRORISM ACT 2005

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SECTION 2Applications to the High Court relating to derogating control orders

Directions for a full hearing on notice76.5

1

When the court makes a derogating control order under section 4(3) of the Act it must—

a

immediately fix a date, time and place for a further hearing at which the controlled person, his legal representative and a special advocate (if one has been appointed) can be present; and

b

unless the court otherwise directs, that date must be no later than 7 days from the date that the order is made.

2

At the hearing referred to in paragraph (1)(a) the court must give directions—

a

for the holding of a full hearing under section 4(1)(b) of the Act to determine whether to confirm the control order (with or without modifications) or to revoke it; and

b

specifying the date and time by which the parties and special advocate must file and serve any written evidence or written submissions in accordance with rule 76.30.

3

When giving directions under paragraph (2), the court must have regard to the need to expedite the full hearing.