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Special Advocates
Katy Vaughan 
Elgar Concise Encyclopedia of Terrorism Law
Swansea University Author:
Katy Vaughan
Abstract
Special advocates are security-vetted legal practitioners appointed to represent the interests of an individual excluded from the closed part of judicial proceedings. They are central to the system of closed material procedures (CMPs) and are viewed as an important safeguard mitigating the inherent...
| Published in: | Elgar Concise Encyclopedia of Terrorism Law |
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| Published: |
Edward Elgar Publishing
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| URI: | https://cronfa.swan.ac.uk/Record/cronfa71853 |
| Abstract: |
Special advocates are security-vetted legal practitioners appointed to represent the interests of an individual excluded from the closed part of judicial proceedings. They are central to the system of closed material procedures (CMPs) and are viewed as an important safeguard mitigating the inherent unfairness of CMPs. Special advocates represent an example of a procedural mechanism created to accommodate national security concerns over the disclosure of sensitive material, whilst ensuring some element of procedural justice. Use of special advocates and CMPs has expanded from the immigration to the counter-terrorism context and beyond, and across jurisdictions – representing an example of the trend of normalization of exceptional measures. |
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| Keywords: |
closed material procedures; secret evidence; fair trial rights; immigration; national security; open justice |
| College: |
Faculty of Humanities and Social Sciences |