|
| |
|
(d) | provision about the way in which information or evidence is given; |
| |
(e) | provision for evidence or information about an applicant not to be |
| |
disclosed to anyone other than a commissioner if the Secretary of |
| |
State certifies that it satisfies conditions specified in the rules; |
| |
(f) | provision preventing an applicant from calling any witness without |
| 5 |
leave of the commissioners. |
| |
Exclusion of persons from proceedings |
| |
6 | The rules may provide for proceedings to be held in private except where the |
| |
commissioners direct otherwise. |
| |
7 (1) | The rules may permit the commissioners to hold proceedings in specified |
| 10 |
circumstances in the absence of any person, including the applicant and any |
| |
representative appointed by him. |
| |
(2) | Where an applicant and any representative appointed by him are excluded |
| |
from proceedings by virtue of sub-paragraph (1), the Advocate General for |
| |
Northern Ireland may appoint a person to represent the applicant’s interests |
| 15 |
| |
(3) | In relation to any time before the coming into force of section 27(1) of the |
| |
Justice (Northern Ireland) Act 2002 (c. 26), the reference in sub-paragraph (2) |
| |
to the Advocate General for Northern Ireland is to be read as a reference to |
| |
the Attorney General for Northern Ireland. |
| 20 |
| |
8 | The rules may prevent successive appeals being made in specified |
| |
| |
| |
9 (1) | The rules may allow the commissioners to award an applicant money for |
| 25 |
legal advice or representation. |
| |
(2) | The rules may provide for awards to be available— |
| |
(a) | only to applicants who satisfy prescribed criteria; |
| |
(b) | only in relation to prescribed descriptions of proceedings. |
| |
(3) | The Secretary of State must pay any sums awarded by the commissioners. |
| 30 |
| |
10 (1) | A reference in this Schedule to an appeal includes a reference to proceedings |
| |
brought by virtue of section 15. |
| |
(2) | In this Schedule “applicant” means the person who is or was the applicant |
| |
for the certificate of eligibility in question. |
| 35 |
|
| |
|
| |
|
| |
| |
| |
Constitution of Special Appeal Tribunal |
| |
1 (1) | The Special Appeal Tribunal is to consist of a person who has held high |
| |
| 5 |
(2) | Rules may make provision as to— |
| |
(a) | the appointment of persons by whom the jurisdiction of the Special |
| |
Appeal Tribunal is to be exercisable; |
| |
(b) | the tenure of such appointments; |
| |
(c) | the payment by the Secretary of State of remuneration, fees or |
| 10 |
allowances to, or in respect of, such persons. |
| |
Application of other legislation |
| |
2 (1) | This paragraph applies in relation to the Special Appeal Tribunal in its |
| |
| |
(2) | Subject to the provisions of this Act, any provision about the Court of |
| 15 |
Appeal or proceedings in the Court of Appeal contained in or made under |
| |
any enactment (including provision about publicly-funded legal assistance |
| |
in relation to such proceedings) applies, so far as relevant, in relation to the |
| |
Special Appeal Tribunal or proceedings before that Tribunal. |
| |
| 20 |
(a) | has effect, in its application by virtue of sub-paragraph (2), subject to |
| |
such modifications as are necessary or are prescribed by rules; |
| |
(b) | if rules so provide, does not apply in relation to the Special Appeal |
| |
Tribunal or proceedings before that Tribunal. |
| |
| 25 |
3 (1) | Subject to any direction of the Special Appeal Tribunal, the procedure to be |
| |
followed in proceedings before the Tribunal in its appeal capacity is to |
| |
correspond to that followed in proceedings before the Court of Appeal. |
| |
(2) | In relation to proceedings of the Special Appeal Tribunal in its review |
| |
| 30 |
(a) | make provision prescribing the procedure to be followed (including, |
| |
in particular, provision of the kind that may be made by virtue of |
| |
paragraphs 5 to 8 of Schedule 4); |
| |
(b) | apply, with such modifications as may be prescribed, any provision |
| |
about publicly-funded legal assistance in relation to proceedings in |
| 35 |
the High Court that is contained in or made under any enactment. |
| |
Staff, premises and other facilities |
| |
4 | The Secretary of State is to provide for the Special Appeal Tribunal— |
| |
(a) | the services of such staff, and |
| |
(b) | the use of such premises and other facilities, |
| 40 |
| as the Secretary of State considers appropriate. |
| |
|
| |
|
| |
|
| |
5 | For the purposes of this Schedule— |
| |
(a) | the appeal capacity of the Special Appeal Tribunal is the capacity it |
| |
has by virtue of section 16; |
| |
(b) | the review capacity of the Special Appeal Tribunal is the capacity it |
| 5 |
has by virtue of section 17. |
| |
| |
| |
| |
Qualification for appointment |
| |
1 | A person is not qualified for appointment as Special Prosecutor unless he is |
| 10 |
a barrister or solicitor, in Northern Ireland or in England and Wales, of at |
| |
least ten years’ standing. |
| |
| |
2 | The Special Prosecutor— |
| |
(a) | is to hold office in accordance with the terms of his appointment, but |
| 15 |
(b) | may resign by giving written notice to the Secretary of State. |
| |
3 | The Secretary of State, after consultation with the Advocate General for |
| |
Northern Ireland, may remove the Special Prosecutor from office on the |
| |
ground of misbehaviour or inability to perform the functions of the office. |
| |
Remuneration and allowances |
| 20 |
4 | The Secretary of State is to pay such remuneration, allowances and sums for |
| |
the provision of pensions as he considers appropriate to, or in respect of, the |
| |
| |
Staff, premises and other facilities |
| |
5 (1) | The Secretary of State is to provide for the Special Prosecutor— |
| 25 |
(a) | the services of such staff, and |
| |
(b) | the use of such premises and other facilities, |
| |
| as the Secretary of State considers appropriate. |
| |
(2) | Members of the staff of the Special Prosecutor are subject to his direction and |
| |
| 30 |
| |
6 (1) | It is the duty of the Special Prosecutor to secure that appropriate |
| |
arrangements are made for giving information to victims about the case of |
| |
each person against whom proceedings are taken for an offence before the |
| |
| 35 |
(2) | “Victim” means the victims of any such offence, and includes members of |
| |
the families of such persons. |
| |
|
| |
|
| |
|
(3) | The arrangements must not allow information to be given if doing so would |
| |
create a danger to the safety of any person. |
| |
Conducting proceedings or appearing without instructing solicitor |
| |
7 | Neither the Special Prosecutor nor a member of his staff, if a barrister, is |
| |
| 5 |
(a) | conducting proceedings before the Special Tribunal or the Special |
| |
| |
(b) | exercising a right of audience in such proceedings, |
| |
| by not having been instructed by a solicitor. |
| |
Exercise of Special Prosecutor’s functions by staff or others |
| 10 |
8 (1) | The Special Prosecutor may delegate any of his powers (to such extent as he |
| |
determines) to a member of his staff. |
| |
(2) | The Special Prosecutor may at any time appoint a person who is not a |
| |
member of his staff but who is— |
| |
(a) | a barrister or solicitor in Northern Ireland or in England and Wales, |
| 15 |
| |
(b) | an advocate or solicitor in Scotland, |
| |
| to conduct any proceedings before the Special Tribunal or the Special |
| |
Appeal Tribunal that are assigned to him by the Special Prosecutor. |
| |
(3) | A person conducting proceedings assigned to him under sub-paragraph (2) |
| 20 |
has all the powers of the Special Prosecutor but must exercise them subject |
| |
to any instructions given to him by the Special Prosecutor. |
| |
| |
9 (1) | For the purposes of section 18 (and this Schedule) references to the conduct |
| |
of proceedings include references to discontinuing the proceedings and the |
| 25 |
taking of any steps that may be taken in relation to the proceedings |
| |
(including making representations on applications for judicial review). |
| |
(2) | In relation to any time before the coming into force of section 27(1) of the |
| |
Justice (Northern Ireland) Act 2002 (c. 26), a reference in section 18 (or this |
| |
Schedule) to the Advocate General for Northern Ireland is to be read as a |
| 30 |
reference to the Attorney General for Northern Ireland. |
| |
Modification of enactments etc |
| |
10 | The Secretary of State may by order provide for any provision about the |
| |
Director of Public Prosecutions for Northern Ireland contained in or made |
| |
under any enactment to apply, with such modifications as may be specified |
| 35 |
in the order, in relation to the Special Prosecutor. |
| |
Parliamentary disqualification |
| |
11 | In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 |
| |
(c. 24) (disqualifying offices), there is inserted at the appropriate place— |
| |
| “Special Prosecutor appointed under section 18 of the |
| 40 |
Northern Ireland (Offences) Act 2006.” |
| |
|
| |