We are not saying that. I am simply drawing a comparison with the Legal Aid, Sentencing and Punishment of Offenders Bill, which receives its Second Reading tomorrow, with the need to change the framework and with how a curfew might be defined.
On page 7 of the explanatory notes, paragraph 40 states:
“The term ‘overnight’ is not defined in the Bill, but as a matter of public law the period would need to fall between hours which a reasonable person would consider ‘overnight’. This contrasts with the position under control orders, where current case law allows for the imposition of a curfew of up to 16 hours’ duration per day.”