The Operation of the Special Immigration Appeals Commission (SIAC) and the Use of Special Advocates
Author | : Great Britain. Parliament. House of Commons. Constitutional Affairs Committee |
Publisher | : The Stationery Office |
Total Pages | : 60 |
Release | : 2005 |
ISBN-10 | : 021502379X |
ISBN-13 | : 9780215023797 |
Rating | : 4/5 (9X Downloads) |
Download or read book The Operation of the Special Immigration Appeals Commission (SIAC) and the Use of Special Advocates written by Great Britain. Parliament. House of Commons. Constitutional Affairs Committee and published by The Stationery Office. This book was released on 2005 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt: The new system of control orders established by the Prevention of Terrorism Act 2005 (2005, c.2, ISBN 0105402052) will extend the role of Special Advocates (lawyers appointed to represent appellants within the closed hearing system before the Special Immigration Appeals Commission (SIAC) who have security clearance to examine material kept secret from the appellant and his/her ordinary lawyers). In light of this, the Committees report examines the operation of the Special Immigration Appeals Commission (SIAC) over the last eight years and the use of Special Advocates, in order to identify lessons to be learned to ensure the adequacy of procedural safeguards in the future system. Issues considered include: the background to SIAC and the passing of the 2005 Act; the operation of SIAC and its impact on the legal and human rights of appellants; the Special Advocate system as it operated under SIAC and its extension into the High Court. The Committee concludes that there are a number of defects with the Special Advocate system as it operated through SIAC, and a number of improvements can be made to improve its use under the 2005 Act, including the establishment of an Office of the Special Advocates to ensure provision of appropriate expert support and facilities, and that appellants are offered, where practical, a choice of Special Advocate from a security-cleared pool.