SCHEDULE
Rule 4
SCHEDULE
“PART 76
PROCEEDINGS UNDER THE PREVENTION OF TERRORISM ACT 2005
Contents of this Part
1 APPLICATION OF THIS PART |
|
Scope and interpretation |
76.1 |
Modification to the overriding objective |
76.2 |
2 APPLICATIONS TO THE HIGH COURT RELATING TO DEROGATING CONTROL ORDERS |
|
Scope of this section |
76.3 |
Applications for the making of a derogating control order |
76.4 |
Directions for a full hearing on notice |
76.5 |
Applications on notice |
76.6 |
3 PERMISSION APPLICATIONS, REFERENCES AND APPEALS TO THE HIGH COURT RELATING TO NON-DEROGATING CONTROL ORDERS |
|
Scope of this section |
76.7 |
Application for permission to make non-derogating control order |
76.8 |
References under section 3(3) of the Act |
76.9 |
Directions for hearing on application for permission or on a reference |
76.10 |
Appeals under section 10 of the Act |
76.11 |
Modification of Part 52 (appeals) |
76.12 |
Notice of appeal |
76.13 |
Time limit for appealing |
76.14 |
Secretary of State’s reply |
76.15 |
4 APPEALS TO THE COURT OF APPEAL |
|
Modification of Part 52 (appeals) |
76.16 |
5 GENERAL PROVISIONS |
|
Scope of this section |
76.17 |
Address for issuing proceedings in the High Court |
76.18 |
Applications for anonymity |
76.19 |
Notification of hearing |
76.20 |
Hearings |
76.21 |
Hearings in private |
76.22 |
Appointment of a special advocate |
76.23 |
Functions of special advocate |
76.24 |
Special advocate: communicating about proceedings |
76.25 |
Modification of the general rules of evidence and disclosure |
76.26 |
Filing and service of relevant material |
76.27 |
Closed material |
76.28 |
Consideration of Secretary of State’s objection |
76.29 |
Order of filing and serving material and written submissions |
76.30 |
Failure to comply with directions |
76.31 |
Judgments |
76.32 |
Application by Secretary of State for reconsideration of decision |
76.33 |
Supply of court documents |
76.34 |
Application of this Part
Scope and interpretation
This Part contains rules about—
control order proceedings in the High Court; and
appeals to the Court of Appeal against an order of the High Court in such proceedings.
In the case of proceedings brought by virtue of section 11(2) of the Act, the rules in this Part shall apply with any modification which the court considers necessary.
In this Part—
“the Act” means the Prevention of Terrorism Act 2005;
“closed material” means any relevant material that the Secretary of State objects to disclosing to a relevant party;
“control order proceedings” has the same meaning as in section 11(6) of the Act;
“controlled person”, has the same meaning as in section 15(1) of the Act;
“legal representative” is to be construed in accordance with paragraph 11 of the Schedule to the Act;
“open material” means any relevant material that the Secretary of State does not object to disclosing to a relevant party;
“relevant law officer” has the same meaning as in paragraph 7(6) of the Schedule to the Act;
“relevant material” has the same meaning as in paragraph 4(5) of the Schedule to the Act;
“relevant party” has the same meaning as in paragraph 11 of the Schedule to the Act;
“special advocate” means a person appointed under paragraph 7 of the Schedule to the Act.
For the purposes of this Part, disclosure is contrary to the public interest if it is made contrary to the interests of national security, the international relations of the United Kingdom, the detection and prevention of crime, or in any other circumstances where disclosure is likely to harm the public interest.
Modification to the overriding objective
Where this Part applies, the overriding objective in Part 1, and so far as relevant any other rule, must be read and given effect in a way which is compatible with the duty set out in paragraph (2).
The court must ensure that information is not disclosed contrary to the public interest.
Subject to paragraph (2), the court must satisfy itself that the material available to it enables it properly to determine proceedings.
Applications to the High Court relating to derogating control orders
Scope of this section
This section of this Part contains rules about applications relating to derogating control orders.
Part 23 does not apply to an application made under this section of this Part.
Applications for the making of a derogating control order
An application for the making of a derogating control order under section 4(1) of the Act must be made by the Secretary of State by filing with the court—
a statement of reasons to support the application for—making such an order, andimposing each of the obligations to be imposed by that order;
all relevant material;
any written submissions; and
a draft of the order sought.
Directions for a full hearing on notice
When the court makes a derogating control order under section 4(3) of the Act it must—
immediately fix a date, time and place for a further hearing at which the controlled person, his legal representative and a special advocate (if one has been appointed) can be present; and
unless the court otherwise directs, that date must be no later than 7 days from the date that the order is made.
At the hearing referred to in paragraph (1)(a) the court must give directions—
for the holding of a full hearing under section 4(1)(b) of the Act to determine whether to confirm the control order (with or without modifications) or to revoke it; and
specifying the date and time by which the parties and special advocate must file and serve any written evidence or written submissions in accordance with rule 76.30.
When giving directions under paragraph (2), the court must have regard to the need to expedite the full hearing.
Applications on notice
An application under section 4(9) for the renewal, or under section 7(4) of the Act, for the revocation of a control order or for the modification of obligations imposed by such an order, must be made in accordance with this rule.
An application by the Secretary of State must be made by—
filing with the court—a statement of reasons to support the application,all relevant material,any written submissions, anda draft of the order sought; and
serving on the controlled person or his legal representative any open material.
An application by the controlled person must be made by filing with the court and serving on the Secretary of State—
a statement of reasons to support the application;
any written evidence upon which he relies;
any written submissions; and
where appropriate, a draft of the order sought.
If the controlled person wishes to oppose an application made under this rule, he must as soon as practicable file with the court, and serve on the Secretary of State, any written evidence and any written submissions upon which he relies.
If the Secretary of State wishes to oppose an application made under this rule, he must as soon as practicable—
file with the court—all relevant material, andany written submissions; and
serve on the controlled person any open material.
(Attention is drawn to rule 76.18 relating to the address for issuing proceedings in the High Court. Rules 76.28 and 76.29 will apply where any closed material is filed by the Secretary of State).
Permission applications, references and appeals to the High Court relating to non-derogating control orders
Scope of this section
This section of this Part contains rules about—
applications under section 3(1)(a) of the Act (application for permission to make a non-derogating control order);
references under section 3(3) of the Act (reference of a non-derogating control order made without permission); and
appeals to the High Court under section 10 of the Act (appeals relating to non-derogating control orders).
Application for permission to make non-derogating control order
An application under section 3(1)(a) for permission to make a non-derogating control order must be made by the Secretary of State by filing with the court—
a statement of reasons to support the application;
all relevant material;
any written submissions; and
the proposed control order.
References under section 3(3) of the Act
This rule applies where the Secretary of State makes a reference under section 3(3) of the Act (reference of a non-derogating control order).
The Secretary of State must promptly file with the court—
a statement of the reasons for—making the control order,imposing the obligations imposed by that order;
all relevant material; and
any written submissions.
Directions for hearing on...
