Lords uphold special advocate procedure
8 Jul 05
Police killer fails to force disclosure of evidence
The House of Lords has refused a convicted killer's appeal to see sensitive material relied on as the basis for refusing his release.
Harry Roberts, serving life for murdering three policemen in London in 1966, has served the 30 year tariff imposed at the time but all recommendations for his release have been rejected. On a review of his case, after it was alleged he had been involved in drug dealing and other questionable behaviour, the Home Secretary produced information which the Parole Board ruled should be withheld from Roberts and his lawyers and disclosed only to a special advocate.
Special advocates, who cannot disclose the contents of material disclosed to them or take informed instructions from the subject, have been used in deportation cases where secret intelligence was involved, and for foreign nationals detained under anti-terrorism laws.
The Court of Appeal ruled last year that the special advocate procedure was not unfair in the case of Roberts, now aged 69, even though no question of national security was raised. Yesterday the Law Lords by a 3-2 majority, upheld the protection of the sources, to whose safety there was said to be a real risk if the material was disclosed.