(This note is not part of the Rules)
These Rules apply to proceedings before the Court of Appeal on an appeal from the Proscribed Organisations Appeal Commission (“the Commission”).
The Secretary of State may, where he believes that an organisation is concerned with terrorism, proscribe that organisation under the Terrorism Act 2000 (“the Act”) by adding it to Schedule 2 of that Act. Where an organisation's application to the Secretary of State, under section 4 of the Act, to be removed from Schedule 2 has been refused, it can appeal to the Commission against the refusal of that application. A party to that appeal may bring a further appeal to the Court of Appeal on a question of law with the permission of the Commission or the Court of Appeal. There may also be an appeal on a question of law in connection with proceedings brought before the Commission under the Human Rights Act 1998, by virtue of section 6(1) of the Terrorism Act 2000 as applied by section 9 of that Act.
Rule 4 requires that the Court of Appeal must secure that information is not disclosed contrary to the interests of national security. In this context, rule 4(2) enables the court to exclude any party (other than the Secretary of State) and his representative from the proceedings on the appeal.
Criminal Law & Disposition of Offenders95
Offences against the State & the General Public95