Chapter 9
The special advocate regime and security issues


9.1We have recommended (in the preceding three chapters) the appointment of special advocates as a way to represent the interests of a party excluded from closed procedures in which national security information is being considered. We have suggested that the use of special advocates in closed procedures can operate to allow information to be put before the court that would otherwise be excluded where this is in the interests of justice.

9.2In this chapter, we make recommendations on the role of special advocates and the core features of the special advocate regime. We then also deal with some remaining issues relating to closed procedures, such as maintaining security and ensuring protection of information.