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The Criminal Justice (Northern Ireland) Order 2008

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4.—(1) The Secretary of State may make rules with respect to the proceedings of the Commissioners.

(2) In particular rules may include provision—

(a)for the allocation of proceedings to panels of Commissioners;

(b)for the taking of specified decisions by a single Commissioner;

(c)conferring functions on the Chief Commissioner or deputy Chief Commissioner;

(d)about evidence and information, including provision—

(i)requiring the Commissioners to send to the Secretary of State copies of such documents as the rules may specify;

(ii)requiring the Secretary of State to provide specified information to the Commissioners;

(iii)for the giving of evidence by or on behalf of the Secretary of State, the Police Service of Northern Ireland and others;

(iv)about the way in which information or evidence is to be given;

(v)for evidence or information about a prisoner not to be disclosed to anyone other than a Commissioner if the Secretary of State certifies that the evidence or information satisfies conditions specified in the rules;

(vi)preventing a person from calling any witness without leave of the Commissioners;

(e)for proceedings to be held in private except where the Commissioners direct otherwise;

(f)preventing a person who is serving a sentence of imprisonment or detention from representing or acting on behalf of a prisoner;

(g)permitting the Commissioners to hold proceedings in specified circumstances in the absence of any person, including the prisoner concerned and any representative appointed by the prisoner.

(3) Where a prisoner and any representative appointed by the prisoner are excluded from proceedings by virtue of sub-paragraph (2)(g), the Advocate General for Northern Ireland may appoint a person to represent the prisoner’s interests in those proceedings

(4) A person appointed under sub-paragraph (3) shall not be responsible to the prisoner whose interests the person so appointed represents.

(5) Until section 27 of the Justice (Northern Ireland) Act 2002 (c. 26) comes into force, sub-paragraph (3) shall have effect as if the reference to the Advocate General for Northern Ireland were a reference to the Attorney General for Northern Ireland.

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