Section 16: Appeals
103.Section 16 sets out the rights of appeal of a person subject to a TPIM notice, and the function of the court in relation to such appeals. (These appeal rights are in addition to the provision under section 9 for an automatic review by the court of the imposition of measures). Rights of appeal exist against a decision of the Secretary of State to extend or revive a TPIM notice or to vary measures specified in a TPIM notice without the individual’s consent. There are also rights of appeal against any decision by the Secretary of State in relation to the individual’s application for the revocation or variation of the TPIM notice or for permission in relation to a measure specified in the TPIM notice.
104.Subsection (7) sets out that the only powers available to the court on an appeal falling under this section are to quash the extension or revival of the TPIM notice; quash measures specified in the TPIM notice; give directions to the Secretary of State for the revocation of the TPIM notice or in relation to the variation of the measures specified in the TPIM notice; and to give directions to the Secretary of State in relation to permission (for the purposes of a measure specified in the TPIM notice) or conditions to which such permission is subject. If the court does not exercise any of these powers it must dismiss the appeal (subsection (8)).
105.This review must apply the principles applicable on an application for judicial review (subsection (6) – see the commentary on section 9 for the applicable case law in relation to the standard of review).
