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SCHEDULE 2
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COMMISSIONERS' PROCEDURE |
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Rules |
| | 1. The Secretary of State may make rules prescribing the procedure to be followed in relation to proceedings of the Commissioners under this Act; and in particular rules may make provision for the matters set out in this Schedule.
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Allocation of cases |
| | 2. The rules may provide-
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(a) for the allocation of proceedings to panels of Commissioners; |
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(b) for the taking of specified decisions by a single Commissioner. |
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Conduct of proceedings |
| | 3. - (1) The rules may require the Commissioners conducting the proceedings to include a psychiatrist or psychologist in specified circumstances.
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(2) The rules may prevent a person who is serving a sentence of imprisonment or detention from representing or acting on behalf of a prisoner.
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(3) The rules may provide for applications to be dealt with in the order decided by the Commissioners.
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Applications |
| | 4. The rules may require an application to be made in a specified form and to be accompanied by specified documents.
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Evidence and information |
| | 5. - (1) The rules may make provision about evidence and information, including provision-
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(a) requiring Commissioners to send to the Secretary of State copies of applications and such related documents as the rules may specify; |
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(b) requiring the Secretary of State to provide specified information to the Commissioners; |
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(c) for the giving of evidence by or on behalf of the Secretary of State, the Royal Ulster Constabulary and others; |
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(d) about the way in which information or evidence is to be given; |
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(e) for evidence or information about a prisoner not to be disclosed to anyone other than a Commissioner if the Secretary of State certifies that the evidence or information satisfies conditions specified in the rules; |
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(f) preventing a prisoner from calling any witness without leave of Commissioners. |
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Exclusion of persons from proceedings |
| | 6. - (1) The rules may permit Commissioners to hold proceedings in specified circumstances in the absence of any person, including the prisoner concerned and any representative appointed by him.
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(2) Where a prisoner and any representative appointed by him are excluded from proceedings by virtue of sub-paragraph (1), the Attorney General for Northern Ireland may appoint a person to represent the prisoner's interests in those proceedings.
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Successive applications |
| | 7. The rules may prevent successive applications under any provision of this Act being made in specified circumstances.
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Legal aid |
| | 8. - (1) The rules may allow Commissioners to award a prisoner money for legal advice or representation.
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(2) The Secretary of State shall pay any sums which the Commissioners award.
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