ABSTRACT

The special advocate’s representation function has been described as representing the appellant’s interests in relation to that part of the hearing held in camera. Special Advocate Support Office Open Manual states that special advocates will attend the open hearing, although they will not usually contribute substantively. A number of special advocates insisted in interview that the fact that the closed proceedings took place behind closed doors did not make them any less inclined to challenge the case against the excluded person. One of the difficulties identified by special advocates in challenging the evidence of security service witnesses was that they were often treated as experts whose expertise was difficult to impugn. To get a sense of how often special advocates have been successful in cases where they have been involved, the database of open Special Immigration Appeals Commission judgments was examined.