PART 6

DISCLOSURE

Special counsel

Special counsel
150
1
This section applies where the court is determining—
a
an application for a non-notification order,
b
an application for an exclusion order,
c
an application for a section 145 order,
d
an application for a restricted notification order,
e
an application for a non-attendance order,
f
an application for a section 146 order,
g
an application for review of the grant or refusal of any of those orders,
h
an appeal relating to any of those orders.
2
If the condition in subsection (3) is met, the court may appoint a person (“special counsel”) to represent the interests of the accused in relation to the determination of the application, review or appeal.
3
The condition is that the court considers that the appointment of special counsel is necessary to ensure that the accused receives a fair trial.
4
Before deciding whether to appoint special counsel in a non-notification case, the court—
a
must give the prosecutor an opportunity to be heard, but
b
must not give the accused an opportunity to be heard.
5
Before deciding whether to appoint special counsel in a restricted notification case, the court—
a
must give the prosecutor and the Secretary of State an opportunity to be heard,
b
must not give the accused an opportunity to be heard.
6
Before deciding whether to appoint special counsel in any case other than a non-notification case or a restricted notification case, the court must give all the parties an opportunity to be heard.
7
The prosecutor may appeal to the High Court against a decision of the court not to appoint special counsel in any case.
8
The Secretary of State may appeal to the High Court against a decision of the court not to appoint special counsel in a restricted notification case.
9
The accused may appeal to the High Court against a decision not to appoint special counsel in any case other than a non-notification case or a restricted notification case.
10
In this section and section 152—
- “accused” includes appellant or, where the order relates to section 136(2), 137(2) or 138(2), other person to whom the section concerned applies,
- “appellant” has the meaning given by section 132,
- “non-notification case” means a case where the court is determining—
  1. an application for a non-notification order,
  2. an application for review of the grant or refusal of a non-notification order,
  3. an appeal relating to such an order,
- “restricted notification case” means a case where the court is determining—
  1. an application for a restricted notification order,
  2. an application for review of the grant or refusal of a restricted notification order,
  3. an appeal relating to such an order.