The Parole Commissioners’ Rules (Northern Ireland) 2009

Non-disclosure of confidential information

9.—(1) This rule applies where the Secretary of State certifies as confidential information any information, document or evidence which, in the Secretary of State’s opinion, would, if disclosed to the prisoner or any other person be likely to:

(a) adversely affect the safety of any individual;

(b) result in the commission of an offence;

(c) facilitate an escape from lawful custody or the doing of any act prejudicial to the safe keeping of persons in custody;

(d) impede the prevention or detection of offences or the apprehension or prosecution of suspected offenders;

(e) be contrary to the interests of national security; or

(f) otherwise cause substantial harm to the public interest;

and any such information, document or evidence is referred to in these rules as confidential information.

(2) Neither the Commissioners nor a special advocate shall in any circumstances disclose to or serve on the prisoner, the prisoner’s representative, any witness appearing for the prisoner or any other person, any confidential information and shall not allow the prisoner, the prisoner’s representative, any witness appearing for the prisoner or any other person to hear argument or the examination of evidence which relates to any confidential information.

(3) Where the Secretary of State has certified information as confidential, the Secretary of State shall, within 7 days of doing so, serve on the prisoner and on the Commissioners, whether by way of inclusion with the case papers or otherwise, written notice of this stating, so far as the Secretary of State considers it possible to do so without causing harm of the kind referred to in paragraph (1), the gist of the information withheld and the reasons for withholding it.