The Investigatory Powers Tribunal Rules 2018

Counsel to the Tribunal

12.—(1) The Tribunal may appoint Counsel to assist the Tribunal in their consideration of any complaint or section 7 proceedings where—

(a) the complainant is not legally represented;

(b) the respondent objects to the disclosure of documents or information to the complainant;

(c) the Tribunal intends to a hold a hearing (in whole or in part) in the absence of a complainant; or

(d) in any other circumstance in which the Tribunal considers it appropriate to do so.

(2) The Tribunal may request Counsel to the Tribunal to—

(a) identify documents or information, parts of documents or a gist or summary of such documents or information, that ought to be disclosed to the complainant;

(b) make submissions to the Tribunal in support of such disclosure of documents or information as is in the interests of the complainant and the public interest of open justice;

(c) cross-examine any witness called by the respondent at any hearing held in the absence of the complainant;

(d) ensure that all the relevant arguments on the facts and the law are put before the Tribunal, or

(e) perform any other function that would assist the Tribunal.

(3) Where Counsel to the Tribunal has been appointed, Counsel must seek to identify any arguable error of law in relation to any decision or determination made by the Tribunal consequent upon a hearing held (in whole or in part) in the absence of the complainant.

(4) Where Counsel to the Tribunal identifies an arguable error of law in accordance with paragraph (3)—

(a) Counsel must notify the Tribunal, and

(b) when so notified the Tribunal must, subject to rule 7(1), disclose to the complainant the arguable error of law.