The Ministry of Defence Police (Conduct, Performance and Appeals Tribunals) (Amendment) Regulations 2017

Insertion of regulation 45A

20.  After regulation 45 (referral of case to special case hearing), insert—

“National security: power to give directions in relation to special case hearings

45A.— (1) If the Secretary of State considers it expedient in the interests of national security, the Secretary of State may give a direction (“the direction”), in writing, in relation to a special case hearing, relating to one or more of the following matters—

(a) that all or part of the hearing must be conducted in private;

(b) that a specified person must be excluded from all or part of the hearing;

(c) that steps must be taken to conceal the identity of a witness;

(d) that specified information must be excluded from any notice published under regulation 52A (notification of special case hearings) or 60(A) (publication of information in relation to outcome).

(2) The Secretary of State must provide the direction (or a copy of it) to the relevant authority as soon as possible.

(3) Following receipt of the direction, the relevant authority must supply a copy of it to the person conducting or chairing the hearing as soon as possible.

(4) The person conducting or chairing the hearing must comply with the direction.”.