Section 11: Jurisdiction and appeals in relation to control order decisions etc.
Subsections (1) to (3)
74.Subsection (1) provides that control order decisions and derogation matters are not to be questioned in any legal proceedings other than proceedings in the court or on appeal from such proceedings. The court is defined in section 15(1) to mean the High Court or Court of Session as appropriate. By virtue of subsection (2) the relevant court will be able to consider matters alleged by the appellant to raise Human Rights issues in respect of control order procedures. Subsection (3) says that appeals from any determination of the court in control order proceedings can only be on a question of law.
Subsection (4)
75.Subsection (4) states that only the Secretary of State can appeal against the judgment of the court on an application under section 3(1)(a) (when it gives permission for him to impose a non-derogating control order) or on a reference under sction 3(3)(a) (when it confirms a non-derogating control order made without its permission). (This is because the controlled person is able to challenge the decision in the full hearing that automatically takes place following directions by the court under section 3(2)(c) or 3(6)(b) or (c))
Subsections (5) to (8)
76.Subsection (5) gives effect to the Schedule (which sets out further provision in relation to control order proceedings and relevant appeal proceedings). Subsections (6), (7) and (8) define the terms ‘control order proceedings’, ‘control order decision’ and ‘derogation matter’ respectively.
