29AB Proceedings involving classified security information

(1)

If information presented or proposed to be presented by the Crown in any proceedings to which section 29AA applies includes classified security information, the court must, on a request for the purpose by the Attorney-General and if satisfied that it is desirable to do so for the protection of (either all or part of) the classified security information, receive or hear (the part or all of) the classified security information in the absence of—

(a)

the person in respect of whom the decision concerned was made; and

(b)

all barristers or solicitors (if any) representing that person; and

(c)

members of the public.

(2)

Without limiting subsection (1),—

(a)

the court must approve a summary of the information of the kind referred to in section 29AA(5) that is presented by the Attorney-General except to the extent that a summary of any particular part of the information would itself involve disclosure that would be likely to prejudice the interests referred to in section 29AA(6) or (7); and

(b)

on being approved by the court (with or without amendments directed by the court in accordance with paragraph (a)), a copy of the statement must be given to the person concerned.

(3)

The court—

(a)

may give any directions and make any orders that the court thinks appropriate in the circumstances of the case:

(b)

must determine the application or appeal on the basis of information available to the court, whether or not that information has been disclosed to or responded to by all parties to the proceedings.

(4)

Nothing in this section limits section 27 of the Crown Proceedings Act 1950 or any rule of law that authorises or requires the withholding of a document or the refusal to answer a question on the ground that the disclosure of the document or the answering of the question would be injurious to the public interest.

(4A)

If at any time a decision is made to withdraw any classified security information,—

(a)

the classified security information—

(i)

must be kept confidential and must not be disclosed by the court; and

(ii)

must be returned to the relevant agency; and

(b)

the court must continue to make the decision or determine the proceedings—

(i)

without regard to that classified security information; and

(ii)

in the case of an appeal or a review of proceedings, as if that information had not been available in making the decision subject to the appeal or review.

(5)

This section applies despite any enactment or rule of law to the contrary.

Compare: 1992 No 92 Schedule 2 cl 8(2) (pre-1 April 2017)

Section 29AB: inserted, on 21 April 2005, by section 24 of the Passports Amendment Act 2005 (2005 No 44).

Section 29AB(4A): inserted, on 1 April 2017, by section 309 of the Intelligence and Security Act 2017 (2017 No 10).

Section 29AB compare note: inserted, on 1 April 2017, by section 309 of the Intelligence and Security Act 2017 (2017 No 10).