Commentary 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))