Commenting on the Government’s ‘Control Orders’ announcement in Parliament Shami Chakrabarti, Director of Liberty, said:

'Belmarsh has taught us that it takes more than the fig leaf of judicial oversight to provide a fair trial. The Government may be surprised that apparent concessions have not found more friends. However the British public understand justice as involving the right to know and answer the charges and evidence against you.'

Detailed analysis of the proposed legislation will be available on the Policy Pages shortly. (through 'resources' link)

Summary of the Proposals for Control Order Legislation:

• There are two types of Control orders - higher level (house arrest) and lower level.
• Only house arrest constitutes a deprivation of liberty according to the Home Office. Liberty does not share this view.

Higher Level Control Orders (house arrest):

• The decision to implement a higher level control order- house arrest- will be taken by the Home Secretary on the basis of secret intelligence advice (not available to the suspect).
• Within seven days the case is automatically referred to a High Court Judge for a ‘Judicial Conformation Procedure’.
• This procedure follows a SIAC type model (special advocates, closed sessions, etc).
• The test for Judicial Conformation is balance of probability.

Lower Level Control Orders:

• Lower level orders include restrictions such as electronic tagging.
• The Home Secretary makes the decision on the basis of secret intelligence advice (not available to the suspect).
• There is an appeal to a SIAC type commission.
• This involves special advocates, closed material, etc as before.
• The test is reasonable suspicion.

There is no time by which the subject must be put on trial.

• The Government proposes to pass the legislation but not activate the house arrest control orders until further notice.
• On this basis the Government believes that no derogation from human rights principles is ‘currently’ necessary.

Liberty Press Office: 020 7378 3656 and 07973 831 128