Section 77.28

A special advocate may communicate with the defendant, or their legal representative, at any timebeforethe claimant serves the relevant material on the special advocate. After the relevant material has been served on the special advocate, they must not communicate with any person about any matter connected with the proceedings, except in accordance with paragraphs (3), (4) or (8)(b) or with a direction of the court pursuant to a request under paragraph (5). The special advocate may, without directions from the court, communicate about the proceedings with— the court; the claimant; the Attorney General and any persons acting for the Attorney General; any other person, except for the defendant or their legal representative, with whom it is necessary for administrative purposes for the special advocate to communicate about matters not connected with the substance of the proceedings. The special advocate may communicate with the defendant or their legal representative with the express agreement of the claimant. The special advocate may request directions from the court authorising them to communicate with— subject to paragraph (6), the defendant or their legal representative; or with any other person. Where the special advocate wishes to communicate with the defendant or their legal representative, the special advocate may not, without good reason, request directions under paragraph (5)(a) unless the claimant has refused their request under paragraph (4). Where the special advocate requests directions under paragraph (5)— the special advocate must notify the claimant of the request; and the claimant must, within two days or such other period as may be directed by the court, file and serve on the special advocate notice of any objection to the proposed communication, or to the form in which it is proposed to be made. Paragraph (2) does not prohibit the defendant or their legal representative communicating with the special advocate after the claimant has served relevant material on the special advocate, but— they may only do so in writing; and the special advocate must not reply to the communication other than in accordance with directions given by the court, except that the special advocate may, under paragraph (4) or without such directions, send a written acknowledgment of receipt.

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Source: legislation.gov.uk · retrieved 2026-08-15