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... declaration of incompatibility under s.3 Human Rights Act 1998. The creation and introduction of Control Orders were a change from the detention without trial scheme, as it means that those under the control orders are subject to judicial review every twelve months, and as a result there must still be a risk to the public for the controlees to be under a control order. When Control orders were being discussed in Parliament, the Secretary of State said "... [P]rosecution is, and will remain, our preferred way forward when dealing with all terrorists... but all of us need to recognise that it is not always possible to bring charges, given the need to protect highly sensitive sources and techniques."5 This statement seems to go directly against the idea to the right to a fair trial as the whole point of the right to a fair trial is that the defendant is allowed to know the ...