Article 17B Special Advocates: communicating about proceedingsF1

(1)

The special advocate may communicate with the prisoner or prisoner’s representative at any time before the Secretary of State serves the material on the special advocate.

(2)

Once the material has been served on the special advocate, the special advocate may not communicate directly or indirectly with any person, including the prisoner or the prisoner’s representative, about any matter connected with the case before the panel, except in accordance with paragraph (3) or in accordance with a direction from the duty member or panel pursuant to a request under paragraph (4).

(3)

The special advocate may, without directions from the duty member or panel chair, communicate about the case before the panel with—

(a)

the Parole Board;

(b)

the Secretary of State;

(c)

any other person, except for the prisoner and their representative, with whom it is necessary for administrative purposes for the special advocate to communicate about matters not connected with the substance of the case before the panel.

(4)

The special advocate may request directions from the duty member or panel chair authorising the special advocate to communicate with the prisoner or their representative or with any other person.

(5)

Where the special advocate makes a request for directions under paragraph (4)—

(a)

the Board must notify the Secretary of State of the request, and of the content of the proposed communication and the form in which it is proposed to be made, and

(b)

the Secretary of State must, within a period specified by the Board, file with the Board and serve on the special advocate notice of any objection which the Secretary of State has to the proposed communication, or to the form in which it is proposed to be made.

(6)

Paragraph (2) does not prohibit the prisoner from communicating with the special advocate after the Secretary of State has served material on the special advocate as mentioned in paragraph (1), but—

(a)

the prisoner may only communicate with the special advocate through a representative in writing, and

(b)

the special advocate must not reply to the communication other than in accordance with directions of the Board, except that he may without such directions send a written acknowledgment of receipt to the appellant's representative.

Annotations

Textual amendments

F1: Rules 17A-17C inserted (16.12.2025) by The Parole Board (Amendment) Rules 2025 (S.I. 2025/1231), rules 1(2), 2(7)