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The government’s position is that Special Advocates will not appear before the Legacy Commission and...

Conclusion
The government’s position is that Special Advocates will not appear before the Legacy Commission and that the role of probing and challenging evidence in inquisitorial proceedings could be adequately conducted by the “counsel to the inquisitorial proceedings”. We have a certain sympathy with this position, subject to our concerns about the independence of Judicial Panel Members (see below). However, we are also not in a position to rule out there being cases where compliance with the Article 2 investigative obligation or the common law duty of procedural fairness may require the victim’s family’s interests to be represented by a Special Advocate. (Conclusion, Paragraph 58) 92
Addressee Bodies
Ministry of Justice
Timeline
Report published 07 Sep 2026