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The Practical Guide to Public Inquiries

The Practical Guide to Public Inquiries

  • 作者:
  • 出版商: Hart Publishing
  • ISBN: 9781509968718
  • 出版时间 February 2023
  • 规格: Paperback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
  • Hardback Edition ISBN: 9781509928347

List Price: ¥492.56

¥477.78 Save ¥14.78 (3%)

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  • 描述 
  • 大纲 
  • 详细

    This practical guide provides legal practitioners, participants, witnesses and all those interested in the public inquiry process, stage-by-stage 'hands on' guidance to the process of public inquiries into matters of public concern.

    With its user-friendly format of summaries, checklists, 'top tips' and flow charts, this book, the first practical guide to public inquiries, provides guidance from the setting up of a public inquiry through to its close. It includes information on:

    • the appointment of the chairman and inquiry team
    • the choice and significance of the venue
    • the drawing up of inquiry procedures, protocols and rulings
    • the appointment and role of core participants
    • evidence taking
    • conducting and attending hearings
    • the role of experts
    • the writing and publication of the inquiry report

    Drawing on the authors' extensive experience as public inquiry lawyers, working on inquiries such as the Bloody Sunday Inquiry, Mid Staffordshire NHS Foundation Trust Inquiry, Leveson Inquiry and Grenfell Tower Inquiry, together with contributions from a number of other eminent practitioners in the field, this book provides valuable, comprehensive guidance on the public inquiry process

  • 1. Public Inquiries
    Introduction
    What is a Public Inquiry?
    The Role of a Public Inquiry
    The Basis upon which an Inquiry may be Convened
    The Challenges
    Table of UK Public Inquiries Convened by a Minister
    2. Appointments
    Introduction
    The Chair and Panel
    Process of Appointing a Chair and Panel Members
    Conflicts
    Speed of the Appointment Process
    Issues for the Chair on Appointment
    Consultation and Focus on the Terms of Reference
    Counsel to the Inquiry
    Appointment of Counsel
    Role of Counsel
    Appointment of the Solicitor to the Inquiry
    Appointment of the Secretary to the Inquiry
    Role of the Secretary to the Inquiry
    The Inquiry Team: Additional Considerations
    The Role of the Sponsoring Department
    3. Location and Venue
    Introduction
    Geographical Location
    Choosing the Right Type of Premises
    What to Expect from the Inquiry Premises
    Separation of Certain Categories of Core Participants and Witnesses
    Facilities for the Press and Broadcast Media
    Venue Set-Up
    4. IT Systems
    Introduction
    Cost and Effectiveness
    The Inquiry's IT Systems
    The Inquiry Management System
    Potential Features of Inquiry Management Systems
    The Document Management System
    Potential Features of a Document Management System
    Hearing Room Systems
    Interactions between a Document Management System and a Hearing Room System
    Possible Features of Hearing Room Systems
    Transcription
    The Inquiry's Website
    Team Communications
    Other IT Issues to Consider
    Data Security and Storage
    Ongoing Technical Support
    Sending Documents to the Inquiry
    5. Protocols, Rulings, Directions and Orders, and Engagement with the Media
    Introduction
    Protocols
    Preparing and Publishing the Protocols
    Examples of Inquiry Protocols
    Common Issues to be Considered when Preparing Protocols
    Internal Protocols and Working Practices
    Rulings, Directions and Orders: Terminology
    Engagement with the Media
    6. Core Participants
    What is a Core Participant or an Interested Party?
    Who can be a Core Participant?
    Applying for Core Participant Status
    Challenging a Decision not to Designate Core Participant Status
    Why be a Core Participant?
    Advantages and Disadvantages
    Recognised Legal Representatives
    Joint Representation
    Funding
    A Good Working Relationship: Core Participants and the Inquiry
    7. Funding
    Introduction
    The Approach to Expenses of Participants to a Public Inquiry
    The Scope of Awards for Funding
    Information that must be Included in an Application for Funding
    Alternative Sources of Funding
    Joint Representation
    Publication of Costs of an Inquiry
    8. Documentary Evidence
    Introduction
    Written Request for Documentary Evidence
    Statutory Provisions and the Power to Require Disclosure
    When Might an Inquiry Compel the Production of Documents?
    Non-Statutory Inquiries
    Timelines
    Withholding Documents
    Opposing a Section 21 Notice Requiring the Production of Documents
    Admissibility
    Advance Disclosure by the Inquiry
    Advantages to Recipients of Advance Disclosure
    Confidentiality and Advance Disclosure
    Public Access to Documents
    Redaction
    Restriction Orders and Restriction Notices
    9. Data Protection
    Introduction
    Public Inquiries, Individuals and Organisations as Data Controllers
    Principles for Processing Personal Data
    Lawful Basis for Processing Data
    The Legitimate Interest Assessment (LIA) and Public Inquiries
    Organisations Engaged by a Public Inquiry as Data Processors
    Freedom of Information
    Requests made of a Public Authority and Exemptions
    10. Evidence Taking
    Introduction
    The Power to Require the Production of Evidence
    Enforcement of a Section 21 Notice
    When to Serve a Section 21 Notice?
    Powers of Non-Statutory Inquiries
    The Taking of Witness Statements
    Preparing for a Witness Interview
    The Witness Interview and Statement Preparation
    Witness Support
    Immunities
    Privilege
    Medical Evidence and Capacity
    11. Oral Evidence and Hearings
    Introduction
    Procedure
    Preliminary Hearings
    Additional Procedural Hearings
    Commencing the Inquiry's Substantive Hearings
    General Structure of the Substantive Hearings
    Giving Evidence to the Inquiry
    Meeting with Witnesses in Advance of Giving Evidence?
    The Order in Which Witnesses will be Called
    Putting Written Statements into the Inquiry Record
    The Role of Counsel to the Inquiry
    Reviewing Evidence on a Rolling Basis
    Questioning Witnesses
    Suggesting Questions to Counsel to the Inquiry
    Arguments for and against Limiting Questioning to Counsel to the Inquiry
    Expertise of Core Participants and Interested Parties
    Managing and Fielding Questions from Core Participants or Interested Parties
    Time Pressure
    Public Access and Restriction Notices and Orders
    Examples of Restriction Orders and Notices Made
    The Media and Hearings
    Managing Private and Closed Hearings
    12. Assessors, Seminars and Experts
    Introduction
    The Role of Assessors
    Advantages and Disadvantages of Appointing Assessors or Advisers
    Expert Witnesses
    Advantages and Disadvantages of using Expert Witnesses
    Seminars
    Managing Seminars 7
    13. Warning Letters and Rules 13, 14 and 15
    Introduction
    The Salmon Principles, Maxwellisation and the Evolution of Warning Letters
    Optional and Mandatory Warning Letters
    Practical Difficulties Associated with Serving Warning Letters before Evidence is Given
    Are Warning Letters before Evidence is Given Necessary?
    To Whom Will the Warning Letter be Sent?
    What does a Warning Letter Contain?
    Mandatory Warning Letters: What is an 'Explicit or Significant Criticism'?
    What Happens aft er a Response is made to a Warning Letter?
    Confidentiality
    The Practical Steps to Preserve Confidentiality
    Future of Rule 13?
    14. Preparing and Publishing the Report
    Introduction
    What is Included in the Report? 1
    Who Writes the Report?
    Reviews and Checks
    Number of Recommendations and Public Understanding
    Publication, Withholding of Information and Laying before Parliament
    Procedure for Publication of the Report
    Advance Access to the Report and the Lock-in Procedure
    Implementation
    Challenging Decisions
    15. Closing Down the Inquiry
    Introduction
    Document Retention and Archiving: Planning and Implementation
    Lessons Learned

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