The Parole Commissioners’ Rules (Northern Ireland) 2009

Special advocates

19.—(1) On receiving a certificate of confidential information under rule 9, the single Commissioner or chairman of the panel dealing with the case shall inform the Advocate General for Northern Ireland of the proceedings before the panel, with a view to the Advocate General for Northern Ireland, if the Advocate General for Northern Ireland thinks fit to do so, appointing a special advocate to represent the interests of the prisoner.

(2) The function of the special advocate is to represent the interests of the prisoner, as mentioned by paragraph (1), by:

(a) making written submissions to the single Commissioner;

(b) making submissions to the panel in any oral hearings from which the prisoner and the prisoner’s representative are excluded;

(c) cross-examining witnesses at any such hearings; and

(d) making written submissions to the panel.

(3) Except in accordance with paragraph (4) a special advocate may not communicate directly or indirectly with the prisoner whose interests the special advocate has been appointed to represent on any matter connected with the case before the panel.

(4) A special advocate may seek directions from the single Commissioner or chairman of the panel dealing with the case authorising the special advocate to seek information in connection with the case from the prisoner whose interests the special advocate has been appointed to represent.

(5) In paragraph (4) a reference to a prisoner whose interests the special advocate has been appointed to represent includes the representative of the prisoner.

(6) Until section 27 of the Justice (Northern Ireland) Act 2002(1) comes into force, paragraph (1) shall have effect as if the references to the Advocate General for Northern Ireland were references to the Attorney-General.

(1)

2002 c. 26