Article 14 ObserversI1

A party who wishes to be accompanied at an oral hearing by an observer must make a written application to the Board but such an application may not be made later than F18 weeks before the date allocated for the oral hearing under rule 22.

A party who makes an application to be accompanied by an observer under paragraph (1) must, at the same time, also serve a copy of the application on the other party.

Within 14 days of the receipt of the application under paragraph (2), the other party may make representations to the Board on the application.

After the 14-day period for the other party to make representations under paragraph (3) has expired, the panel chair or duty member must determine the application for a party to be accompanied by an observer and communicate this decision to the parties F2, including any conditions to be imposed on the observer’s admittance.

Where an oral hearing, or part of it, is to be held in private under rule 15, in addition to any witness who has been called under these Rules, and any observer whose attendance has been approved under paragraph (4), the panel chair or duty member may—

Any person may request admittance to an oral hearing as an observer under paragraph (4A)(a) by making a written application to the Board, but such an application may not be made later than F48 weeks before the date allocated for the oral hearing under rule 22.

On receipt of an application under paragraph (4B) the Board must—

Where a victim makes an application to the Board to observe an oral hearing, the panel chair or duty member must direct that the victim may attend the hearing as an observer unless the panel chair or duty member considers it is necessary in the interests of justice, to effectively manage the case or for other appropriate reasons, to refuse the application.

Where the decision taken under paragraph (4D) is that a victim may not attend the oral hearing, the panel chair or duty member must provide written reasons for the refusal.

Before admitting any person to attend an oral hearing as an observer at a prison or other premises where the panel chair or duty member has no authority to agree the admittance of that person, the panel chair or duty member must obtain the agreement of the prison governor, prison director or other person who appears to have the authority to agree to such admittance.