PART 6

DISCLOSURE

Special counsel

Role of special counsel
152
1
Special counsel’s duty is, in relation to the determination of the relevant application or appeal, to act in the best interests of the accused with a view only to ensuring that the accused receives a fair trial.
2
Special counsel—
a
is entitled to see the confidential information, but
b
must not disclose any of the confidential information to the accused or the accused’s representative (if any).
3
Special counsel appointed in a non-notification case or a restricted notification case must not—
a
disclose to the accused or the accused’s representative (if any) the making of the relevant application or appeal, or
b
otherwise communicate with the accused or the accused’s representative (if any) about the relevant application or appeal.
4
Special counsel appointed in any case other than a non-notification case or a restricted notification case must not communicate with the accused or the accused’s representative (if any) about the relevant application or appeal except—
a
with the permission of the court, and
b
where permission is given, in accordance with such conditions as the court may impose.
5
Before deciding whether to grant permission, the court must give—
a
the prosecutor, and
b
in the case of an application for a section 146 order or a non-attendance order, the Secretary of State,
an opportunity to be heard.
6
In this section—
- “the confidential information” means—
  1. the information to which the relevant application or appeal relates, and
  2. a copy of the relevant application or appeal,
- “relevant application or appeal” means the application or appeal referred to in section 150(1) in respect of which special counsel is appointed.