Investigatory
Powers Tribunal Rules 2007
1 Interpretation
In these rules –
“Article 8 proceedings” means proceedings under
Article 8(1)(a) of the Human Rights (Jersey) Law 2000 brought before the Tribunal
by virtue of Article 46(2) of the Law;
“complainant” means a person who brings Article 8
proceedings or, as the case may be, makes a complaint;
“complaint” means a complaint for which the Tribunal is
the forum by virtue of Article 46(3)(a) and Article 46(5) of the Law;
“Convention right” has the same meaning as in the Human Rights (Jersey) Law 2000; and
“Law” means the Regulation of Investigatory Powers (Jersey)
Law 2005.
2 Application
These rules apply to Article 8 proceedings, and to complaints.
3 Exercise
of Tribunal's jurisdiction
(1) The jurisdiction of the
Tribunal may be exercised by any 2 or more members of the Tribunal designated
for the purpose by the president.
(2) Different members of
the Tribunal may carry out functions in relation to different complaints at the
same time.
4 Functions
exercisable by single member
The following powers and duties may be exercised or performed by a
single member of the Tribunal –
(a) the power under rule
6(4) or rule 7(4) to invite the complainant to supply information or make
representations;
(b) the power under Article 49(2)
of the Law to require the Commissioner to provide assistance;
(c) the power under Article 49(6)
of the Law to require the disclosure or provision of documents or information;
(d) the power under paragraph 3(2)
of Schedule 3 to the Law to authorize an officer to obtain documents or
information on the Tribunal’s behalf;
(e) the power under Article 8(3)(b)
of the Human Rights (Jersey) Law 2000 to extend the time limit for
Article 8 proceedings;
(f) the power under
Article 48(5) of the Law to extend the time limit for complaints;
(g) the duty under
rule 12 to notify the complainant of any of the determinations described
in that rule; and
(h) the duty, in
considering a complaint, to investigate the matters described in Article 48(3)
(a) and (b) of the Law.
5 Disclosure
of Information
(1) The Tribunal shall
carry out its functions in such a way as to secure that information is not
disclosed to an extent or in a manner contrary to the public interest or
prejudicial to national security, the prevention or detection of serious crime
or the economic well-being of Jersey.
(2) Without prejudice to
this general duty, but subject to paragraphs (3) and (4), the
Tribunal may not disclose to the complainant or to any other
person –
(a) the
fact that the Tribunal has held, or proposes to hold, an oral hearing under
rule 8(4);
(b) any
information or document disclosed or provided to the Tribunal in the course of
that hearing, or the identity of any witness at that hearing;
(c) any
information or document otherwise disclosed or provided to the Tribunal by any
person pursuant to Article 49(6) of the Law (or provided voluntarily by a
person specified in Article 49(7) of the Law);
(d) any
information or opinion provided to the Tribunal by the Commissioner pursuant to
Article 49(2) of the Law; or
(e) the
fact that any information, document, identity or opinion has been disclosed or
provided in the circumstances mentioned in sub-paragraphs (b) to (d).
(3) The Tribunal may
disclose anything described in paragraph (2) with the consent
of –
(a) in
the case of sub-paragraph (a), the person required to attend the hearing;
(b) in
the case of sub-paragraphs (b) and (c), the witness in question or the
person who disclosed or provided the information or document;
(c) in
the case of sub-paragraph (d), the Commissioner and, to the extent that
the information or opinion includes information provided to the Commissioner by
another person, that other person; or
(d) in
the case of sub-paragraph (e), the person whose consent is required under
this rule for disclosure of the information, document or opinion in question.
(4) The Tribunal may also
disclose anything described in paragraph (2) as part of the information
provided to the complainant under rule 12(2), subject to the restrictions
contained in rule 12(4) and (5).
(5) The Tribunal may not
order any person to disclose any information or document which the Tribunal
would be prohibited from disclosing by virtue of this rule, had the information
or document been disclosed or provided to the Tribunal by that person.
(6) The Tribunal may not,
without the consent of the complainant, disclose to any person other than the
Commissioner anything to which paragraph (7) applies.
(7) This paragraph applies
to any information or document disclosed or provided to the Tribunal by or on
behalf of the complainant, except for the statements described in rule 6(2)(a)
and (b) or, as the case may be, rule 7(2)(a) and (b).
6 Bringing
Article 8 proceedings
(1) Article 8
proceedings are brought by a complainant sending to the Tribunal a form and
other information in accordance with this rule.
(2) The form must be signed
by the complainant and must –
(a) state
the name, address and date of birth of the complainant;
(b) state
the public authority (including, where appropriate, the States Assembly)
against which the proceedings are brought;
(c) describe
the nature of the claim (including details of the Convention right which it is
alleged has been infringed) and of the complainant's interest; and
(d) specify
the remedy which the complainant seeks.
(3) The complainant must
also supply, either in or with the form, a summary of the information on which
the claim is based.
(4) At any time, the
Tribunal may invite the complainant to supply further information or to make
written representations on any matter.
7 Making
a complaint
(1) A complaint is brought
by a complainant sending to the Tribunal a form in accordance with this rule.
(2) The form must be signed
by the complainant and must –
(a) state
the name, address and date of birth of the complainant;
(b) state
the person or authority whose conduct, to the best of the complainant's
knowledge or belief, is the subject of the complaint; and
(c) describe,
to the best of the complainant's knowledge or belief, that conduct.
(3) The complainant must
also supply, either in or with the form, a summary of the information on which
the claim is based.
(4) At any time, the Tribunal
may invite the complainant to supply further information or to make written
representations on any matter.
8 Form
of hearing and consideration
(1) The Tribunal's power to
determine its own procedure in relation to Article 8 proceedings and
complaints shall be subject to this rule.
(2) The Tribunal shall be
under no duty to hold oral hearings, but may do so in accordance with this rule
(and not otherwise).
(3) The Tribunal may at any
stage hold oral hearings at which the complainant may make representations,
give evidence and call witnesses.
(4) The Tribunal may hold
separate oral hearings which –
(a) the
person whose conduct is the subject of the complaint;
(b) the
public authority against which the Article 8 proceedings are brought; or
(c) any
other person specified in Article 49(7) of the Law,
may be required to attend and at which that person or authority may
make representations, give evidence and call witnesses.
(5) Within a period
notified by the Tribunal for the purpose of this rule, the complainant, person
or authority in question must inform the Tribunal of any witnesses he or it
intends to call.
(6) No other witnesses may
be called without the leave of the Tribunal.
(7) The Tribunal's
proceedings, including any oral hearings, shall be conducted in private.
9 Representation
(1) A person entitled to
make representations at an oral hearing may appear in person or may be
represented by any person he or she may appoint for that purpose, subject to
paragraph (2).
(2) The leave of the
Tribunal is required except where the representative is an advocate or a
solicitor of the Royal Court.
10 Evidence
(1) The Tribunal may
receive evidence in any form, and may receive evidence that would not be
admissible in a court of law.
(2) The Tribunal may
require a witness to give evidence on oath.
(3) No person shall be
compelled to give evidence at an oral hearing under rule 8(3).
11 Remedies
(1) Before exercising power
under Article 48(7) of the Law, the Tribunal shall invite representations
in accordance with this rule.
(2) If the Tribunal
proposes to make an award of compensation, it shall give the complainant and
the person who would be required to pay the compensation an opportunity to make
representations as to the amount of the award.
(3) If the Tribunal
proposes to make any other order (including an interim order) affecting the
public authority against whom the Article 8 proceedings are brought, or
the person whose conduct is the subject of the complaint, the Tribunal shall
give that authority or person an opportunity to make representations on the
proposed order.
12 Notification
to the complainant
(1) In addition to any
statement under Article 49(4) of the Law, the Tribunal shall provide
information to the complainant in accordance with this rule.
(2) If the Tribunal makes a
determination in favour of the complainant, it shall provide to the complainant
a summary of that determination including any findings of fact.
(3) If the Tribunal makes a
determination –
(a) that
the bringing of the Article 8 proceedings or the making of the complaint
is frivolous or vexatious;
(b) that
the Article 8 proceedings have been brought, or the complaint made, out of
time and that the time limit should not be extended; or
(c) that
the complainant does not have the right to bring the Article 8 proceedings
or make the complaint,
it shall notify the complainant of that fact.
(4) The duty to provide
information under this rule is in all cases subject to the general duty imposed
on the Tribunal by rule 5(1).
(5) No information may be
provided under this rule whose disclosure would be restricted under
rule 5(2) unless the person whose consent would be needed for disclosure
under that rule has been given the opportunity to make representations to the
Tribunal.
13 Citation
These rules may be cited as the Investigatory Powers Tribunal
Rules 2007.