Counter-Terrorism Act 2008

Counter-Terrorism Act 2008

2008 CHAPTER 28

Commentary on Sections

Part 6 – Financial Restrictions Proceedings

CHAPTER 2 – Financial restrictions proceedings

Rules of court, disclosure and related matters

Section 66 – General provision about rules of court

193. Section 66 contains general provisions about the rules of court for financial restrictions proceedings. In particular, subsection (2) requires the maker of the rules of court to have regard to both the need for a proper review of the decision subject to challenge, and the need to ensure that disclosures are not made where this would be contrary to the public interest. Subsections (3) and (4) contain a non-exhaustive list of matters which the rules of court may cover. This includes provision concerning:

a)

mode of proof and evidence;

b)

proceedings being determined without a hearing;

c)

legal representation;

d)

the extent to which full particulars of reasons for decisions must be given;

e)

proceedings in the absence of parties and their legal representatives;

f)

the function of a special advocate; and

g)

summaries of evidence taken in a party's absence.