The Civil Procedure (Amendment No. 3) Rules 2025, enacted by the Civil Procedure Rule Committee, bring into force amendments to Part 77 of the Civil Procedure Rules 1998, effective December 31, 2025.
These rules establish the specific civil procedure, including defining the parties and processes for evidence submission and service, to handle cases where the Secretary of State directs the High Court to review a Parole Board decision regarding a prisoner's release.
Furthermore, the amendments detail the application process for non-disclosure of sensitive material during these proceedings, including the appointment and duties of Special Advocates.
Arguments For
Establishes clear procedural rules for the High Court to review sensitive release decisions referred by the Secretary of State via the Parole Board, ensuring judicial oversight in complex cases.
Provides a structured process for managing non-disclosure applications, balancing the need for transparency in proceedings against protecting sensitive information related to public safety or personal welfare.
Implements requirements derived from recent legislative changes (the 1997 Act and 2003 Act updates) regarding controversial release decisions, ensuring the Civil Procedure Rules are current.
Defines the roles of parties (Secretary of State as claimant, prisoner as defendant) and introduces the mechanism of 'Special Advocates' to protect the interests of the defendant when confidential material is withheld, maintaining procedural fairness.
Arguments Against
The introduction of complex, specialized procedures involving the Secretary of State and 'Special Advocates' risks increasing the legal complexity and cost associated with challenging parole decisions.
Rules allowing potentially critical material (including the Parole Board’s decision and related reports) to be withheld from the defendant raises concerns about the fairness and openness of the judicial review process.
Procedures regarding non-disclosure, particularly the option for the court to determine applications without a hearing, might restrict the defendant's right to know and challenge the evidence used against them.
Restricting public access to court documents (by disapplying standard CPR rules 5.4B and 5.4C) limits public scrutiny of high-stakes decisions affecting public confidence in the parole system.
The Civil Procedure Rule Committee, having power under section 2 of the Civil Procedure Act 1997
to make rules under section 1 of and Schedule 1 to that Act and section 67B(1) of the Courts Act 2003
, and after fulfilling the requirements of section 2(6) of the Civil Procedure Act 1997 and section 67C of the Courts Act 2003, makes the following Rules.
The Civil Procedure Rule Committee exercised its legal authority, granted by the Civil Procedure Act 1997 and specific sections of the Courts Act 2003, to create these new rules.
The Committee confirmed it satisfied all prerequisites outlined in the aforementioned Acts before formally making these Rules.
Citation, commencement and interpretation 1. (1) These Rules may be cited as the Civil Procedure (Amendment No. 3) Rules 2025 and come into force on 31
st December 2025.
(2) In these Rules a reference to a Part or rule by number alone means the Part or rule so numbered in the Civil Procedure Rules 1998
.
These Rules are officially named The Civil Procedure (Amendment No. 3) Rules 2025 and become active on December 31, 2025.
When these Rules refer to a Part or specific rule number without further context, the reference defaults to the corresponding provision within the main Civil Procedure Rules 1998.
Amendments to the Civil Procedure Rules 1998 2. The Civil Procedure Rules 1998 are amended in accordance with rule 3 of these Rules.
This regulation confirms that the substance of the changes being introduced affects the existing Civil Procedure Rules 1998, specifically outlining those amendments in Rule 3.
Amendment of Part 77 3. (1) In the table of contents to this Part, after the entry for rule 77.15 insert—
“SECTION 3 – REFERRAL OF RELEASE DECISIONS
SUB-SECTION 1 – GENERAL
Scope Rule 77.16
Part 8 procedure Rule 77.17
Proceedings under this Section Rule 77.18
The application Rule 77.19
Service on the defendant Rule 77.20
SUB-SECTION 2 – NON-DISCLOSURE
Applications for non-disclosure Rule 77.21
Applications under Part 2 of the 2013 Act Rule 77.22
Applications other than under Part 2 of the 2013 Act Rule 77.23
Relevant material and statement of reasons to be filed Rule 77.24
Consideration of the application Rule 77.25
Hearings Rule 77.26
Special advocates Rule 77.27
Special advocates – communicating about proceedings Rule 77.28
Consideration of the claimant’s objection under rule 77.27(7)(b) Rule 77.29
Failure to comply with directions Rule 77.30
Orders under the 1997 Act and 2003 Act Rule 77.31
Supply of court documents Rule 77.32
Appeals Rule 77.33”.
(2) In rule 77.1—
(a) in paragraph (a), at the end, omit “and”
(b) in paragraph (b), at the end, for “.” substitute "; and”; and
(c) after paragraph (b) insert—
“(c) in Section 3, referrals of release decisions under section 32ZAA of the Crime (Sentences) Act 1997 (“the 1997 Act”) and section 256AZBA of the Criminal Justice Act 2003 (“the 2003 Act”)
(3) After rule 77.15 insert—
“SECTION 3 Referral of Release Decisions
SUB-SECTION 1 General
Scope 77.16. This Section applies where the Secretary of State directs the Parole Board to refer a release decision to the High Court under section 32ZAA of the Crime (Sentences) Act 1997 (“the 1997 Act”) or section 256AZBA of the Criminal Justice Act 2003 (“the 2003 Act”).
Part 8 procedure 77.17. The Part 8 procedure applies to proceedings under this Section with the following modifications.
Proceedings under this Section 77.18. In proceedings under this Section—
(a) the referral of a release decision shall be treated as an application by the Secretary of State;
(b) the Secretary of State is the claimant;
(c) the prisoner is the defendant;
(d) the Parole Board and any victim (as defined in section 1 of the Victims and Prisoners Act 2024) of an offence to which the referral relates are not parties;
(e) rules 8.7 and 8.8 shall not apply.
The application 77.19. (1) The claim form must—
(a) state that the Parole Board has been directed by the claimant to refer the release decision to the court because the claimant considers that—
(i) the release of the defendant would be likely to undermine public confidence in the parole system; and
(ii) if the case were referred, the High Court might not be satisfied that it is no longer necessary for the protection of the public that the defendant should be confined;
(b) identify the provisions in the 1997 Act or the 2003 Act under which the direction was made; and
(c) state that the claimant will file and serve all further material in accordance with paragraph (2).
(2) Rule 8.5(1) is modified such that, not later than two days after the date on which the claim form is filed, the claimant must file with the court and, together with the claim form, serve on the defendant—
(a) the claimant’s reasons for considering why the court might not be satisfied that it is no longer necessary for the protection of the public that the defendant should be confined;
(b) any representations regarding the directions the court may include as to the conditions to be included in the defendant’s licence on release;
(c) the Parole Board’s decision letter;
(d) all information and reports served on and considered by the Parole Board; and
(e) any further information the claimant considers relevant to the application.
(3) Paragraph (2) is subject to rule 77.21.
(4) In any proceedings under this Section, the claimant may not rely on any written evidence or information unless—
(a) it has been served in accordance with—
(i) a rule or practice direction under this Section; or
(ii) a direction of the court; or
(b) the court gives permission.
(5) Without prejudice to Sub-section 2, until the proceedings to which this Section applies are concluded, the claimant must file and serve on the defendant any material which—
(a) adversely affects the claimant’s case; or
(b) supports the defendant’s case.
Service on the defendant 77.20. (1) Except where rule 6.7 applies—
(a) the claim form must be served personally in accordance with rule 6.5; and
(b) the time within which a certificate of service must be filed under rule 6.17(2)(a) shall be within 7 days of service of the claim form.
(2) Except where the defendant has given an address for service under rule 6.23(2)(a), a document other than the claim form must be served on the defendant personally in accordance with rule 6.22.
SUB-SECTION 2 Non-disclosure
Applications for non-disclosure 77.21. Any application under section 6(2) of the Justice and Security Act 2013 (“the 2013 Act”) or rule 77.23 must be made—
(a) when the claimant files material under rule 77.19(2); or
(b) if they have filed their material under rule 77.19(2), when the claimant files any additional material in respect of which they wish to make an application.
Applications under Part 2 of the 2013 Act 77.22. Where Part 2 of the 2013 Act applies to proceedings under this Section, Part 82 shall apply.
Applications other than under Part 2 of the 2013 Act 77.23. (1) This rule applies where, on application by the claimant, the court considers that—
(a) the disclosure of any information or any report (“the relevant material”) would adversely affect—
(i) the prevention of disorder or crime; or
(ii) the health or welfare of the defendant or any other person; and
(b) withholding the relevant material is a necessary and proportionate measure.
(2) Where this rule applies, the court must direct that the relevant material—
(a) be withheld from the defendant and their legal representative;
(b) be withheld from the defendant, but disclosed to their legal representative, in full or in a summary or redacted version, subject to the legal representative undertaking to the court not to disclose the relevant material or the summary or redacted version (as the case may be) to the defendant, or to any other person except as directed by the court and provided in the undertaking;
(c) be disclosed to the defendant and their legal representative in a summary or redacted version; or
(d) be withheld from the defendant and their legal representative, but disclosed to a special advocate.
(3) The court may vary or set aside a direction under paragraph (2) on application or of its own motion.
Relevant material and statement of reasons to be filed 77.24. (1) An application under rule 77.23(1) must—
(a) include the relevant material;
(b) identify the persons from whom the relevant material should be withheld;
(c) set out the reasons for withholding the relevant material and explain why it is a necessary and proportionate measure;
(d) if the claimant proposes disclosure in a summary or redacted version, include a draft of that document; and
(e) state whether the claimant will withdraw and no longer rely on the relevant material in the event of the application being refused.
(2) When an application is made under rule 77.23(1), the application need not be served on the defendant, but the claimant must, at the same time as filing the application—
(a) notify the defendant that an application has been made, whether or not a special advocate has already been appointed;
(b) if the application proposes disclosure to the defendant in a summary or redacted version, include with the notification a draft of that document; and
(c) if one has been appointed in respect of an earlier application under rule 77.23(1), serve on the special advocate the application and accompanying material under paragraph (1).
(3) Where paragraph (2)(c) applies, the special advocate may file and serve on the claimant written submissions regarding the application within 14 days of service of the application.
Consideration of the application 77.25. (1) Where the court considers an application under rule 77.23(1) it may—
(a) determine the application without a hearing; or
(b) direct a hearing of the application.
(2) Rule 23.8(3) is modified to provide that, under this rule and rule 77.29, a party includes a special advocate if one has been appointed.
(3) Where the court makes a direction under rule 77.23(2)(b), within 7 days after the date on which the defendant is notified of the court’s decision or such other period as the court may direct, the legal representative must—
(a) file and serve on the claimant the required undertaking; or
(b) inform both the court and the claimant of their decision not to do so.
(4) Where the legal representative—
(a) gives the required undertaking under paragraph (3), the claimant must, within two days of the date on which it is served on them—
(i) serve on the legal representative the relevant material in full or as directed; or
(ii) inform both the court and the defendant of their decision not to rely on it; or
(b) does not give the required undertaking within the time specified in paragraph (3) or informs the court of their decision not to give undertakings, the claimant must seek further directions from the court.
(5) Where the court does not give permission to withhold relevant material from the defendant, or has made a direction under rule 77.23(2)(c), within seven days after the date on which they are notified of the court’s decision or such other period as the court may direct, the claimant must—
(a) serve on the defendant the relevant material in full, or as directed; or
(b) inform both the court and the defendant of their decision not to rely on it.
(6) Where the claimant has informed the court of their decision not to rely on the relevant material in full or as directed—
(a) the claimant shall not be required to serve the relevant material on the defendant or comply with the direction; but
(b) the court may, at a hearing on notice, if it considers that the relevant material or anything that is required to be summarised or redacted might adversely affect the claimant’s case or support the case of the defendant, direct that the claimant is not to rely on such points, or that the claimant makes such concessions or takes such other steps, as the court may direct.
Hearings 77.26. (1) Where the court considers it necessary to exclude the defendant from any hearing or part of that hearing to ensure that relevant material subject to a direction under rule 77.23(2) is not disclosed to them, the court must direct that the hearing, or that part of it from which the defendant is excluded, be conducted in private.
(2) Unless the court directs otherwise, the court shall serve notice of the date, time and place fixed for a hearing on every party and, if one has been appointed for the purposes of the proceedings, the special advocate or those instructing the special advocate.
Special advocates 77.27. (1) In any proceedings to which this Sub-section applies, the court may at any stage direct the claimant to request the Attorney General to appoint a special advocate to represent the interests of the defendant.
(2) The function of a special advocate is to represent the interests of the defendant by, for example—
(a) making submissions to the court at any hearing from which the party and that party’s legal representative are excluded;
(b) adducing evidence and cross-examining witnesses at such a hearing;
(c) making applications to the court or seeking directions from the court where necessary; and
(d) making written submissions to the court, including whether relevant material withheld under rule 77.23(2) should be disclosed in full or in a summary or redacted version.
(3) Where the court makes a direction under paragraph (1), the claimant—
(a) must within seven days of receipt of notification of their appointment, serve on the special advocate, copies of—
(i) the claim form and further material specified in rule 77.19(2), and any further evidence served on the defendant;
(ii) the acknowledgement of service and any further evidence served by the defendant;
(iii) the application under rule 77.23(1) and the relevant material and documents specified in rule 77.24(1); and
(iv) if applicable, the court’s direction under rule 77.23(2); and
(b) may not rely on the relevant material which is the subject of the application under rule 77.23(1) unless a special advocate has been appointed, and the relevant material has been served on them.
Special advocates – communicating about proceedings 77.28. (1) A special advocate may communicate with the defendant, or their legal representative, at any time before the claimant serves the relevant material on the special advocate.
(2) 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).
(3) The special advocate may, without directions from the court, communicate about the proceedings with—
(a) the court;
(b) the claimant;
(c) the Attorney General and any persons acting for the Attorney General;
(d) 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.
(4) The special advocate may communicate with the defendant or their legal representative with the express agreement of the claimant.
(5) The special advocate may request directions from the court authorising them to communicate with—
(a) subject to paragraph (6), the defendant or their legal representative; or
(b) with any other person.
(6) 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).
(7) Where the special advocate requests directions under paragraph (5)—
(a) the special advocate must notify the claimant of the request; and
(b) 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.
(8) 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—
(a) they may only do so in writing; and
(b) 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.
Consideration of the claimant’s objection under rule 77.28(7)(b) 77.29. (1) If the claimant objects to a proposed communication under rule 77.28(7)(b)—
(a) the special advocate may file and serve on the claimant a reply to the objection;
(b) the claimant and the special advocate must file with the court a schedule identifying the issues which cannot be agreed between them and which must—
(i) give brief reasons for their contentions on each issue in dispute; and
(ii) set out any proposals for the court to resolve the issues in dispute.
(2) On receipt of the claimant’s objection, the special advocate may give notice that they do not challenge it.
(3) The court may—
(a) consider the claimant’s objection without a hearing; or
(b) if the court considers that it is necessary before it can determine the matter, direct a hearing.
Failure to comply with directions 77.30. (1) Where the clamant or special advocate fails to comply with a direction of the court, the court may serve on the claimant or the special advocate a notice which states—
(a) the respect in which they have failed to comply with the direction;
(b) a time limit for complying with the direction; and
(c) that the court may proceed to determine the proceedings before it, on the material available to it, if they fail to comply with the relevant direction within the time specified.
(2) Where the claimant or special advocate fails to comply with such a notice, the court may proceed in accordance with paragraph (1)(c).
Orders under the 1997 Act and 2003 Act 77.31. (1) Where the court makes an order in any proceedings to which this Sub-section applies, it may withhold any, or any part, of its reasons if and to the extent that it is not possible to give those reasons without disclosing material, the disclosure of which would adversely affect—
(a) the prevention of disorder or crime; or
(b) the health or welfare of the defendant or any other person.
(2) Where the court’s judgment does not include the full reasons for its decision, the court must serve on the claimant, the defendant’s legal representative if appropriate, and, if appointed, the special advocate, a separate written judgment giving those reasons.
Supply of court documents 77.32. Unless the court otherwise directs, rule 5.4B (supply of documents from court records – a party) and rule 5.4C (supply of court documents – a non-party) do not apply to any proceedings to which this Sub-section applies.
Appeals 77.33. (1) Part 52 (appeals) applies to an appeal to the Court of Appeal—
(a) against an order of the High Court on or in relation to an application under rule 77.23(1); and
(b) where the order under appeal was not made on or in relation to a matter within sub-paragraph (a) but the appeal proceedings involve such a matter.
(2) Paragraph (1) is subject to—
(a) this Sub-section; and
(b) paragraph (3) of this rule.
(3) The appellant must serve a copy of the appellant’s notice on any special advocate.
(4) Unless the court directs otherwise, an appeal to the Court of Appeal in proceedings under paragraph (1), must be determined at a hearing.”.
This rule modifies Part 77 of the Civil Procedure Rules by inserting a new Section 3, dedicated to the 'Referral of Release Decisions.' It updates the table of contents for Part 77 to reflect this addition, which includes new rules (77.16 to 77.33) covering general procedures, non-disclosure, special advocates, and appeals.
It also amends Rule 77.1 to specifically mention this new Section 3, which deals with referrals made under sections 32ZAA of the Crime (Sentences) Act 1997 and 256AZBA of the Criminal Justice Act 2003.
SECTION 3 Referral of Release Decisions
SUB-SECTION 1 General
Scope 77.16. This Section applies where the Secretary of State directs the Parole Board to refer a release decision to the High Court under section 32ZAA of the Crime (Sentences) Act 1997 (“the 1997 Act”) or section 256AZBA of the Criminal Justice Act 2003 (“the 2003 Act”).
Rule 77.16 defines which cases fall under this new Section 3.
It applies only when the Secretary of State instructs the Parole Board to send a decision about releasing a prisoner directly to the High Court, according to specific sections of the Crime (Sentences) Act 1997 or the Criminal Justice Act 2003.
Part 8 procedure 77.17. The Part 8 procedure applies to proceedings under this Section with the following modifications.
The standard Part 8 procedure for claims applies to these referral proceedings, but Rule 77.17 states that specific modifications detailed elsewhere in this Section must be followed instead of the standard Part 8 rules where they conflict.
Proceedings under this Section 77.18. In proceedings under this Section—
(a) the referral of a release decision shall be treated as an application by the Secretary of State;
(b) the Secretary of State is the claimant;
(c) the prisoner is the defendant;
(d) the Parole Board and any victim (as defined in section 1 of the Victims and Prisoners Act 2024) of an offence to which the referral relates are not parties;
(e) rules 8.7 and 8.8 shall not apply.
Rule 77.18 sets out the civil litigation terminology for these referral cases.
The Secretary of State formally becomes the 'claimant' bringing the 'application,' and the prisoner becomes the 'defendant.' Crucially, the Parole Board itself and any victim of the offence are explicitly excluded from being formal parties to the High Court proceedings.
Furthermore, specific rules 8.7 and 8.8 of Part 8 dealing with case management do not apply here.
The application 77.19. (1) The claim form must—
(a) state that the Parole Board has been directed by the claimant to refer the release decision to the court because the claimant considers that—
(i) the release of the defendant would be likely to undermine public confidence in the parole system; and
(ii) if the case were referred, the High Court might not be satisfied that it is no longer necessary for the protection of the public that the defendant should be confined;
(b) identify the provisions in the 1997 Act or the 2003 Act under which the direction was made; and
(c) state that the claimant will file and serve all further material in accordance with paragraph (2).
(2) Rule 8.5(1) is modified such that, not later than two days after the date on which the claim form is filed, the claimant must file with the court and, together with the claim form, serve on the defendant—
(a) the claimant’s reasons for considering why the court might not be satisfied that it is no longer necessary for the protection of the public that the defendant should be confined;
(b) any representations regarding the directions the court may include as to the conditions to be included in the defendant’s licence on release;
(c) the Parole Board’s decision letter;
(d) all information and reports served on and considered by the Parole Board; and
(e) any further information the claimant considers relevant to the application.
(3) Paragraph (2) is subject to rule 77.21.
(4) In any proceedings under this Section, the claimant may not rely on any written evidence or information unless—
(a) it has been served in accordance with—
(i) a rule or practice direction under this Section; or
(ii) a direction of the court; or
(b) the court gives permission.
(5) Without prejudice to Sub-section 2, until the proceedings to which this Section applies are concluded, the claimant must file and serve on the defendant any material which—
(a) adversely affects the claimant’s case; or
(b) supports the defendant’s case.
Rule 77.19 dictates what the claim form must state: the basis for the referral concerning public confidence and necessity for confinement, the statutory authority relied upon, and confirmation that required material will follow.
Paragraph (2) significantly modifies service timelines: within two days of filing the claim, the claimant must file and serve the defendant with extensive supporting documents, including reasons, licence condition representations, the Parole Board's decision letter, and all relevant reports.
However, this service requirement is conditional (subject to 77.21, regarding non-disclosure applications).
Paragraph (4) prevents the claimant from using any evidence unless it has been properly served or the court grants special permission.
Paragraph (5) imposes an ongoing duty on the claimant to disclose material that either harms their own case or supports the defendant’s case until the proceedings conclude.
Service on the defendant 77.20. (1) Except where rule 6.7 applies—
(a) the claim form must be served personally in accordance with rule 6.5; and
(b) the time within which a certificate of service must be filed under rule 6.17(2)(a) shall be within 7 days of service of the claim form.
(2) Except where the defendant has given an address for service under rule 6.23(2)(a), a document other than the claim form must be served on the defendant personally in accordance with rule 6.22.
Rule 77.20 concerns the physical serving of documents on the prisoner (defendant).
The claim form must be served personally, adhering to Rule 6.5, and proof of service must be filed within seven days.
Other documents, unless the defendant provides a specific address for service, must also be served personally according to Rule 6.22.
SUB-SECTION 2 Non-disclosure
Applications for non-disclosure 77.21. Any application under section 6(2) of the Justice and Security Act 2013 (“the 2013 Act”) or rule 77.23 must be made—
(a) when the claimant files material under rule 77.19(2); or
(b) if they have filed their material under rule 77.19(2), when the claimant files any additional material in respect of which they wish to make an application.
Rule 77.21 establishes the timing for any application to withhold information, whether that application is based on the Justice and Security Act 2013 or Rule 77.23 itself.
Such an application must be made concurrently with the initial filing of required material under Rule 77.19(2), or immediately afterwards if the claimant later seeks to withhold supplementary material.
Applications under Part 2 of the 2013 Act 77.22. Where Part 2 of the 2013 Act applies to proceedings under this Section, Part 82 shall apply.
If the proceedings fall specifically under Part 2 of the Justice and Security Act 2013 concerning closed material procedures, then Part 82 of the Civil Procedure Rules, which governs such procedures, will apply to these cases.
Applications other than under Part 2 of the 2013 Act 77.23. (1) This rule applies where, on application by the claimant, the court considers that—
(a) the disclosure of any information or any report (“the relevant material”) would adversely affect—
(i) the prevention of disorder or crime; or
(ii) the health or welfare of the defendant or any other person; and
(b) withholding the relevant material is a necessary and proportionate measure.
(2) Where this rule applies, the court must direct that the relevant material—
(a) be withheld from the defendant and their legal representative;
(b) be withheld from the defendant, but disclosed to their legal representative, in full or in a summary or redacted version, subject to the legal representative undertaking to the court not to disclose the relevant material or the summary or redacted version (as the case may be) to the defendant, or to any other person except as directed by the court and provided in the undertaking;
(c) be disclosed to the defendant and their legal representative in a summary or redacted version; or
(d) be withheld from the defendant and their legal representative, but disclosed to a special advocate.
(3) The court may vary or set aside a direction under paragraph (2) on application or of its own motion.
Rule 77.23 outlines the criteria and options for applying to the court to withhold 'relevant material.' The claimant must demonstrate that disclosure would harm crime prevention or the health/welfare of persons, and that withholding it is both necessary and proportionate.
If the court agrees, it can order various levels of restriction: complete withholding from the defendant and legal team, disclosure only to the lawyer under strict undertaking, disclosure in a censored/summarized format to the defendant, or disclosure only to a court-appointed Special Advocate.
Relevant material and statement of reasons to be filed 77.24. (1) An application under rule 77.23(1) must—
(a) include the relevant material;
(b) identify the persons from whom the relevant material should be withheld;
(c) set out the reasons for withholding the relevant material and explain why it is a necessary and proportionate measure;
(d) if the claimant proposes disclosure in a summary or redacted version, include a draft of that document; and
(e) state whether the claimant will withdraw and no longer rely on the relevant material in the event of the application being refused.
(2) When an application is made under rule 77.23(1), the application need not be served on the defendant, but the claimant must, at the same time as filing the application—
(a) notify the defendant that an application has been made, whether or not a special advocate has already been appointed;
(b) if the application proposes disclosure to the defendant in a summary or redacted version, include with the notification a draft of that document; and
(c) if one has been appointed in respect of an earlier application under rule 77.23(1), serve on the special advocate the application and accompanying material under paragraph (1).
(3) Where paragraph (2)(c) applies, the special advocate may file and serve on the claimant written submissions regarding the application within 14 days of service of the application.
Rule 77.24 details the contents of a non-disclosure application: the actual secret material, justification for secrecy (necessity/proportionality), and proposed sanitized versions.
Although the application doesn't need to be served on the defendant immediately, the claimant must serve notice of the application on the defendant and, if already appointed, on the Special Advocate, simultaneously with filing.
The Special Advocate has 14 days from service to respond in writing to the court and claimant regarding the application.
Consideration of the application 77.25. (1) Where the court considers an application under rule 77.23(1) it may—
(a) determine the application without a hearing; or
(b) direct a hearing of the application.
(2) Rule 23.8(3) is modified to provide that, under this rule and rule 77.29, a party includes a special advocate if one has been appointed.
(3) Where the court makes a direction under rule 77.23(2)(b), within 7 days after the date on which the defendant is nominated of the court’s decision or such other period as the court may direct, the legal representative must—
(a) file and serve on the claimant the required undertaking; or
(b) inform both the court and the claimant of their decision not to do so.
(4) Where the legal representative—
(a) gives the required undertaking under paragraph (3), the claimant must, within two days of the date on which it is served on them—
(i) serve on the legal representative the relevant material in full or as directed; or
(ii) inform both the court and the defendant of their decision not to rely on it; or
(b) does not give the required undertaking within the time specified in paragraph (3) or informs the court of their decision not to give undertakings, the claimant must seek further directions from the court.
(5) Where the court does not give permission to withhold relevant material from the defendant, or has made a direction under rule 77.23(2)(c), within seven days after the date on which they are notified of the court’s decision or such other period as the court may direct, the claimant must—
(a) serve on the defendant the relevant material in full, or as directed; or
(b) inform both the court and the defendant of their decision not to rely on it.
(6) Where the claimant has informed the court of their decision not to rely on the relevant material in full or as directed—
(a) the claimant shall not be required to serve the relevant material on the defendant or comply with the direction; but
(b) the court may, at a hearing on notice, if it considers that the relevant material or anything that is required to be summarised or redacted might adversely affect the claimant’s case or support the case of the defendant, direct that the claimant is not to rely on such points, or that the claimant makes such concessions or takes such other steps, as the court may direct.
Rule 77.25 covers how the court determines non-disclosure applications; it can rule immediately or order a hearing, and a Special Advocate is treated as a party for these purposes.
If the court allows disclosure only to the defendant's legal representative (under undertaking), that representative must provide the undertaking within seven days.
If the undertaking is given, the claimant must promptly provide the material or elect not to use it.
If the court orders full or partial disclosure to the defendant, the claimant must serve the material or choose not to rely on it within seven days.
If the claimant chooses not to rely on the material, the court retains power, potentially at a subsequent hearing, to impose sanctions or require concessions if the excluded material was significant to the claimant's case.
Hearings 77.26. (1) Where the court considers it necessary to exclude the defendant from any hearing or part of that hearing to ensure that relevant material subject to a direction under rule 77.23(2) is not disclosed to them, the court must direct that the hearing, or that part of it from which the defendant is excluded, be conducted in private.
(2) Unless the court directs otherwise, the court shall serve notice of the date, time and place fixed for a hearing on every party and, if one has been appointed for the purposes of the proceedings, the special advocate or those instructing the special advocate.
Rule 77.26 mandates that if the defendant must be excluded from a hearing to prevent disclosure of sensitive (withheld) material, that part of the hearing must take place in private.
The court is responsible for giving notice of the hearing date, time, and location to all formal parties, as well as to the Special Advocate if one has been appointed.
Special advocates 77.27. (1) In any proceedings to which this Sub-section applies, the court may at any stage direct the claimant to request the Attorney General to appoint a special advocate to represent the interests of the defendant.
(2) The function of a special advocate is to represent the interests of the defendant by, for example—
(a) making submissions to the court at any hearing from which the party and that party’s legal representative are excluded;
(b) adducing evidence and cross-examining witnesses at such a hearing;
(c) making applications to the court or seeking directions from the court where necessary; and
(d) making written submissions to the court, including whether relevant material withheld under rule 77.23(2) should be disclosed in full or in a summary or redacted version.
(3) Where the court makes a direction under paragraph (1), the claimant—
(a) must within seven days of receipt of notification of their appointment, serve on the special advocate, copies of—
(i) the claim form and further material specified in rule 77.19(2), and any further evidence served on the defendant;
(ii) the acknowledgement of service and any further evidence served by the defendant;
(iii) the application under rule 77.23(1) and the relevant material and documents specified in rule 77.24(1); and
(iv) if applicable, the court’s direction under rule 77.23(2); and
(b) may not rely on the relevant material which is the subject of the application under rule 77.23(1) unless a special advocate has been appointed, and the relevant material has been served on them.
Rule 77.27 empowers the court to require the Secretary of State (claimant) to ask the Attorney General to appoint a Special Advocate to represent the prisoner's interests, particularly when evidence might be withheld.
The Special Advocate's role includes arguing in closed hearings, examining witnesses, and advising on the disclosure of sensitive material.
Once appointed, the claimant must serve the Special Advocate with all relevant documents—including the claim, evidence, and any non-disclosure application materials—within seven days of the appointment notification.
The claimant cannot rely on the sensitive material until the Special Advocate has been duly served with it.
Special advocates – communicating about proceedings 77.28. (1) A special advocate may communicate with the defendant, or their legal representative, at any time before the claimant serves the relevant material on the special advocate.
(2) 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).
(3) The special advocate may, without directions from the court, communicate about the proceedings with—
(a) the court;
(b) the claimant;
(c) the Attorney General and any persons acting for the Attorney General;
(d) 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.
(4) The special advocate may communicate with the defendant or their legal representative with the express agreement of the claimant.
(5) The special advocate may request directions from the court authorising them to communicate with—
(a) subject to paragraph (6), the defendant or their legal representative; or
(b) with any other person.
(6) 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).
(7) Where the special advocate requests directions under paragraph (5)—
(a) the special advocate must notify the claimant of the request; and
(b) 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.
(8) 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—
(a) they may only do so in writing; and
(b) 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.
Rule 77.28 strictly controls communication by a Special Advocate, especially after receiving sensitive material.
Before receiving material, communication with the defendant is permitted.
After service of material, communication is restricted to the court, the claimant, the Attorney General, or for administrative reasons unrelated to the substance of the case.
The Special Advocate can speak to the defendant only with the claimant's explicit consent or by court direction, which requires notifying the claimant first in case they object.
Even if the defendant writes to the Special Advocate after material is served, the Advocate may only send an acknowledgment, not a substantive reply, unless authorized by the court or claimant.
Consideration of the claimant’s objection under rule 77.28(7)(b) 77.29. (1) If the claimant objects to a proposed communication under rule 77.28(7)(b)—
(a) the special advocate may file and serve on the claimant a reply to the objection;
(b) the claimant and the special advocate must file with the court a schedule identifying the issues which cannot be agreed between them and which must—
(i) give brief reasons for their contentions on each issue in dispute; and
(ii) set out any proposals for the court to resolve the issues in dispute.
(2) On receipt of the claimant’s objection, the special advocate may give notice that they do not challenge it.
(3) The court may—
(a) consider the claimant’s objection without a hearing; or
(b) if the court considers that it is necessary before it can determine the matter, direct a hearing.
Rule 77.29 details the procedure when the claimant objects to the Special Advocate's requested communication.
The Special Advocate can reply, and then both parties must prepare a joint schedule for the court outlining the specific contested issues, their stances, and proposed solutions.
The court has the discretion to resolve this dispute without a hearing or by ordering a specific hearing if the matter requires full judicial review.
Failure to comply with directions 77.30. (1) Where the clamant or special advocate fails to comply with a direction of the court, the court may serve on the claimant or the special advocate a notice which states—
(a) the respect in which they have failed to comply with the direction;
(b) a time limit for complying with the direction; and
(c) that the court may proceed to determine the proceedings before it, on the material available to it, if they fail to comply with the relevant direction within the time specified.
(2) Where the claimant or special advocate fails to comply with such a notice, the court may proceed in accordance with paragraph (1)(c).
Rule 77.30 allows the court to enforce its own directions upon the claimant or the Special Advocate.
If non-compliance occurs, the court issues a formal notice specifying the breach, setting a deadline for compliance, and warning that the case may proceed based only on the evidence already filed.
If the deadline passes without action, the court is entitled to continue the proceedings with the information it currently possesses.
Orders under the 1997 Act and 2003 Act 77.31. (1) Where the court makes an order in any proceedings to which this Sub-section applies, it may withhold any, or any part, of its reasons if and to the extent that it is not possible to give those reasons without disclosing material, the disclosure of which would adversely affect—
(a) the prevention of disorder or crime; or
(b) the health or welfare of the defendant or any other person.
(2) Where the court’s judgment does not include the full reasons for its decision, the court must serve on the claimant, the defendant’s legal representative if appropriate, and, if appointed, the special advocate, a separate written judgment giving those reasons.
Rule 77.31 addresses the court's judgment when sensitive material is involved.
The court may omit parts of its reasoning if providing the full explanation would risk disclosing material that compromises crime prevention or endangers welfare.
If the public judgment is redacted, the court must provide a separate, complete written judgment detailing the full reasoning to the claimant, the defendant’s legal representative, and the Special Advocate.
Supply of court documents 77.32. Unless the court otherwise directs, rule 5.4B (supply of documents from court records – a party) and rule 5.4C (supply of court documents – a non-party) do not apply to any proceedings to which this Sub-section applies.
Rule 77.32 restricts access to court records for cases under this Section.
Generally, the standard Civil Procedure Rules regarding the supply of documents from court records to parties (Rule 5.4B) and non-parties (Rule 5.4C) are suspended, meaning access is tightly controlled by judicial direction rather than automatic right.
Appeals 77.33. (1) Part 52 (appeals) applies to an appeal to the Court of Appeal—
(a) against an order of the High Court on or in relation to an application under rule 77.23(1); and
(b) where the order under appeal was not made on or in relation to a matter within sub-paragraph (a) but the appeal proceedings involve such a matter.
(2) Paragraph (1) is subject to—
(a) this Sub-section; and
(b) paragraph (3) of this rule.
(3) The appellant must serve a copy of the appellant’s notice on any special advocate.
(4) Unless the court directs otherwise, an appeal to the Court of Appeal in proceedings under paragraph (1), must be determined at a hearing.”.
Rule 77.33 states that the general rules concerning appeals (Part 52) apply to appeals against High Court decisions made on non-disclosure applications (Rule 77.23(1)) or related matters.
The appellant must serve the appeal notice on any appointed Special Advocate.
By default, any such appeal must be determined at a formal hearing unless the court orders otherwise.
Lady Justice Cockerill Mr Justice Trower Mr Justice Pepperall His Honour Judge Hywel James Her Honour Judge Emma Kelly District Judge Clarke Isabel Hitching KC Kelly Stricklin-Coutinho David Marshall Ben Roe Ian Curtis-Nye
I allow these Rules.
Signed by authority of the Lord Chancellor
Levitt Parliamentary Under-Secretary of State Ministry of Justice 24th November 2025
This section records the signatures and authorization for the rules.
The Civil Procedure Rule Committee members authorized the rules on November 24, 2025, and the instrument was subsequently allowed by Levitt, the Parliamentary Under-Secretary of State for the Ministry of Justice, confirming their official enactment.
EXPLANATORY NOTE (This note is not part of the Rules)
These Rules amend Part 77 (provisions in support of criminal justice) of the Civil Procedure Rules 1998 (S.I. 1998/3132) by inserting a new Section – Section 3 – setting out the procedure to be followed where, under section 32ZAA of the Crime (Sentences) Act 1997 (c. 43) or section 256AZBA of the Criminal Justice Act 2003 (c. 44), the Secretary of State directs the Parole Board to refer its direction to release a prisoner to the High Court. The new Section also sets out the procedure for applying for non-disclosure of information which would adversely affect the prevention of disorder or crime, or the health or welfare of the defendant or any other person.
The Explanatory Note confirms that the purpose of these Rules is to amend Part 77 of the Civil Procedure Rules 1998.
This amendment introduces a new Section 3 to establish the procedural pathway for High Court reviews when the Secretary of State refers a Parole Board release decision under specific 1997 or 2003 Act provisions.
The new rules also formalize the process for seeking non-disclosure orders based on risks to public order or welfare.