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The Life Sentence Commissioners' Rules 2001

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This is a draft item of legislation and has not yet been made as a Northern Ireland Statutory Rule.

Non-disclosure of confidential information

15.  (1)   This rule applies where the Secretary of State certifies as confidential any information, document or evidence which, in his opinion, would if disclosed to the prisoner or any other person be likely to:

(a)adversely affect the safety of any individual;

(b)result in the commission of an offence;

(c)facilitate an escape from lawful custody or the doing of any act prejudicial to the safe keeping of persons in custody;

(d)impede the prevention or detection of offences or the apprehension or prosecution of suspected offenders;

(e)be contrary to the interests of national security; or

(f)otherwise cause substantial harm to the public interest;

and any such information, document or evidence is referred to in these Rules as confidential information.

(2) The Commissioners shall not in any circumstances disclose to or serve on the prisoner, his representative or any witness appearing for him any confidential information and shall not allow the prisoner, his representative or any witness appearing for him to hear argument or the examination of evidence which relates to any confidential information.

(3) Where the Secretary of State has certified information as confidential, he shall, within 7 days of doing so, serve on the prisoner and on the Commissioners, whether by way of inclusion with the case papers or otherwise, written notice of this stating, so far as he considers it possible to do so without causing harm of the kind referred to in paragraph (1), the gist of the information he has thus withheld and his reasons.

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