Section Sch4-6 — Health and Safety at Work Act 2015: Appointment of special advocate

6 Appointment of special advocate (1) This clause applies if a non-Crown defendant cannot properly defend proceedings without being able to consider classified security information and the non-Crown defendant does not hold an appropriate security clearance to see that information. (2) The court may, on the application of the non-Crown defendant, appoint a barrister or solicitor as a special advocate to represent the non-Crown defendant’s interests on the terms that the court may direct if the court is satisfied that it is necessary to do so in order to facilitate either or both of the following: (a) the non-Crown defendant’s proper defence of the proceedings: (b) a fair hearing. (3) The court must, before appointing a person as a special advocate, be satisfied that the person— (a) holds an appropriate security clearance that allows the person to see information that is or may be classified security information; and (b) is suitably qualified and experienced to fulfil the role of a special advocate. (4) The court may make directions as to the terms of the appointment, and on the matters referred to in clauses 9 and 10(3) . (5) The specified agency that holds the classified security information must meet the actual and reasonable costs of a special advocate on a basis— (a) agreed between the special advocate and the head of the specified agency; or (b) determined by the court (in default of agreement). Compare: 2013 No 91 s 105