PART 6DISCLOSURE

Special counsel

I1152Role of special counsel

1

Special counsel's duty is, in relation to the determination of the relevant application or appeal, to act in the best interests of the accused with a view only to ensuring that the accused receives a fair trial.

2

Special counsel—

a

is entitled to see the confidential information, but

b

must not disclose any of the confidential information to the accused or the accused's representative (if any).

3

Special counsel appointed in a non-notification case or a restricted notification case must not—

a

disclose to the accused or the accused's representative (if any) the making of the relevant application or appeal, or

b

otherwise communicate with the accused or the accused's representative (if any) about the relevant application or appeal.

4

Special counsel appointed in any case other than a non-notification case or a restricted notification case must not communicate with the accused or the accused's representative (if any) about the relevant application or appeal except—

a

with the permission of the court, and

b

where permission is given, in accordance with such conditions as the court may impose.

5

Before deciding whether to grant permission, the court must give—

a

the prosecutor, and

b

in the case of an application for a section 146 order or a non-attendance order, the Secretary of State,

an opportunity to be heard.

F15A

In subsection (1), the reference to the accused receiving a fair trial includes reference to the respondent receiving a fair hearing in the 2011 Act proceedings.

6

In this section—

  • “the confidential information” means—

    1. a

      the information to which the relevant application or appeal relates, and

    2. b

      a copy of the relevant application or appeal,

  • “relevant application or appeal” means the application or appeal referred to in section 150(1) in respect of which special counsel is appointed.