Member

The noble Lord, Lord Anderson, has rightly asked why we do not use TPIMS. TPIMs are issues taken in a closed court in a specific way under judicial review and we have taken the view that, in this case, the powers could be applied in those small number of cases. Decisions to impose those conditions would be taken on a case-by-case basis, as I have said, subject to an ECHR proportionality analysis, which is oversight of sorts, if that is a comfort to the noble Lord, Lord Deben. We intend to publish guidance, which will set out how decision-makers will undertake the ECHR proportionality analysis. Curfew inclusion and exclusion zones will be imposed only in cases where electronic monitoring is not sufficient to mitigate the threat posed by the person.