National Security and Criminal Procedure

Abstract

Abstract Chapter 21 considers the specialised procedural rules that apply in national security cases as well as the ways in which criminal procedural rules of general application operate in the national security context. The authors begin by considering the case management issues that arise in criminal trials involving national security matters, both in terrorism trials and trials of offences charged under the Official Secrets Act 1989 (‘OSA 1989’) and National Security Act 2023 (‘NSA 2023’). This involves consideration not only of the Criminal Procedure Rules and Practice Directions but also the Protocol on the Case Management of Terrorism Cases. Pre-trial hearings are considered, as are preparatory hearings. The authors then examine issues concerning bail and custody time limits. Disclosure in terrorism and OSA 1989/NSA 2023 cases is considered in detail, in particular applications for public interest immunity (PII). In camera proceedings are examined before the authors review applications for special measures and witness anonymity. Finally, jury panel vetting matters are examined.