Part 2: Prevention and Investigation Measures Appeals and court proceedings Section 52: Appeals
This section sets out the rights of appeal of a person subject to a Part 2 notice, and the function of the court in relation to such appeals. These appeal rights are in addition to the provision under section 45 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 Part 2 notice or to vary measures specified in a Part 2 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 Part 2 notice or for permission in relation to a measure specified in the Part 2 notice.
	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 Part 2 notice; quash measures specified in the Part 2 notice; give directions to the Secretary of State for the revocation of the Part 2 notice or in relation to the variation of the measures specified in the Part 2 notice; and to give directions to the Secretary of State in relation to permission (for the purposes of a measure specified in the Part 2 notice) or conditions to which such permission is subject. Permission is where the Secretary of State has agreed to create an exception to conditions on the STPIM subject due to extenuating circumstances. For example, permission to leave their inclusion boundary for the purpose of attending work. If the court does not exercise any of these powers, it must dismiss the appeal (subsection (8)).
	This review must apply the principles applicable on an application for judicial review (subsection (6)).