Can the Special Advocate speak with the person named in the security certificate? What are the steps/process a special advocate will have to follow?
Prior to seeing the confidential information, the special advocate’s ability to communicate with the subject of the security certificate will be unrestricted. At this stage, the special advocate will have the benefit of a summary of the case to discuss with the subject. This should assist the special advocate to prepare for the closed court proceeding. Once the special advocate has reviewed the confidential information, he/she may not communicate with anyone about the proceeding during the remainder of the proceeding, unless and except as authorized by the judge. The judge can authorize whether and how the Special Advocate may communicate with the concerned individual after the SA has seen the confidential information, subject to the special advocate’s continuing obligation not to disclose the confidential information and subject to any other restrictions the judge may impose.
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