When can a control order impose measures amounting to a deprivation of liberty?
For a control order to be able to impose measures amounting to a deprivation of liberty, there would need to be a designated derogation order in place – ie an order made under the Human Rights Act, which would be confirmed by a resolution of both Houses. The designated derogation order would have to specify the types of restrictions which could be imposed under a derogating control order. It would therefore be clear from the description of the restrictions imposed by a control order that it was intended to be a derogating control order and it would be subject to the specific regime and safeguards set out in the bill. These include the requirement for confirmation of the order by a high court judge within seven days, followed by a full re-hearing at which the court will decide for itself whether the individual is or has been involved in terrorism related activity, whether a derogating control order should be made, and what obligations should be imposed. It is the case that a combination