Overview

The Counsel to the Inquiry (CTI) is the barrister who provides legal advice to the Undercover Policing Inquiry. It is a statutory position, held by a lead barrister, who is in turn supported by a sizeable team of junior counsel.

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David Barr KC, Counsel to the Undercover Policing Inquiry
David Barr KC, Counsel to the Inquiry

The Counsel team are

  • Lead Counsel: David Barr KC – Chambers: Temple Garden
  • Senior Counsel: Rebecca Hummerstone – Chambers: 2 Hare Court
  • 1st Junior Counsel: Emma Gargitter - Chambers: Red Lion

A key role is the questioning of witnesses, which under the Inquiry Rules is restricted to Counsel to the Inquiry unless explicit permission is otherwise given by the Inquiry Chair. 

To date, the Chair, Sir John Mitting, has set out specific criteria when counsel to core participants will be permitted to ask questions (for details see under Cross-Examination). 

Barr, Hummerstone and one of the junior counsel, Harry Warner, have all questioned witnesses in Tranche 1. In Tranche 2 questioning was done by Barr, Daisy Monahan (187 Chambers), Emma Gargitter, John Warrington (5 St Andrew’s Hill), Aphra Bruce Jones (Lamb Building) and Rachel Naylor (Red Lion Chambers).

Procedural

Date
Title
Document Type
Topic
CTI – Explanatory note on restriction order applications for SDS officers following Ruling 23
Explanatory note
Anonymity
CTI – Explanatory note on restriction order applications for SDS officers following Minded-To 16
Explanatory note
Anonymity
CTI – Third addendum disclosure note regarding Tranche 1
Counsel note
Conduct of evidence hearings
CTI – Submissions on Sec. 2 of the Inquiries Act and the legal framework applicable to undercover policing in the Tranche 1 era
Submissions
CTI – Second addendum disclosure note regarding Tranche 1
Counsel note
Conduct of evidence hearings
CTI – Explanatory note on restriction order applications for NPOIU officers following Minded-To 4
Explanatory note
Anonymity
CTI – Explanatory note on restriction order applications for SDS officers following Ruling 20
Explanatory note
Anonymity
CTI – Explanatory note regarding requests for variations to redactions
Explanatory note
General
CTI – Explanatory note on restriction order applications for SDS officers following Ruling 19 (September 2021 update)
Explanatory note
Anonymity
CTI – Explanatory note on restriction order applications for SDS officers following Ruling 19 (March 2021 update)
Explanatory note
Anonymity
CTI – Addendum disclosure note regarding Tranche 1
Addendum to note issued on 22 October 2020
Counsel note
Conduct of evidence hearings
CTI – Explanatory note on restriction order applications for SDS officers following Ruling 18
Explanatory note
Anonymity
CTI – Note for the Tranche 1 Phase 2 Directions Hearing to be held on 26 January 2021
Counsel note
Conduct of evidence hearings
CTI – Note on restriction order application re Carlo Neri for hearing of 9 November 2020
Counsel note
Anonymity
CTI – Disclosure note regarding Tranche 1
Addendum issued on 25 March 2021
Counsel note
Conduct of evidence hearings
CTI – Explanatory note on restriction order applications for SDS officers following Ruling 17
Explanatory note
Anonymity
CTI – Note regarding disclosure to Non-Police, Non-Sate Core Participants and Civilian Witnesses
Counsel note
Privacy
CTI – Explanatory note on restriction order applications for SDS officers following Ruling 16
Explanatory note
Anonymity
CTI’s Note for the Data Protection and Privacy Hearing on 25 March 2019
Counsel note
Privacy
CTI – Explanatory note on restriction order applications for SDS officers following Minded-To 14 and Ruling 14
Explanatory note
Anonymity
CTI’s supplementary note on privacy
Counsel note
Privacy
CTI – Explanatory note on privacy
Counsel note
Privacy
Annex A – Illustrative example of a Tranche 1 intelligence report
Supporting material
Privacy
Annex B – Illustrative example of a Tranche 3 intelligence report
Supporting material
Privacy
CTI – Explanatory note on restriction order applications for NPOIU officers following Minded-To 3
Explanatory note
Anonymity
CTI – Explanatory note on restriction order applications for SDS officers following Minded-To 13
Explanatory note
Anonymity
CTI – Explanatory note on restriction order applications for SDS officers following Minded-To 12
Explanatory note
Anonymity
CTI – Explanatory note on restriction order applications for SDS officers following Minded-To 11
Explanatory note
Anonymity
CTI – Explanatory note on restriction order applications for SDS officers following Minded-To 9
Explanatory note
Anonymity
CTI – Note responding to submissions made concerning the open generic restriction order documents
Counsel note
Restriction order approach, Generic restriction order documents
CTI – Explanatory note on restriction order applications for NPOIU officers (May 2018 update)
Explanatory note
Anonymity
CTI – Explanatory note on restriction order applications for SDS officers following Minded-To 8
Explanatory note
Anonymity
CTI – Explanatory note on restriction order applications for SDS officers following Minded-To 7
Explanatory note
Anonymity
CTI – Explanatory note on restriction order applications for SDS officers following Minded-To 6
Explanatory note
Anonymity
CTI – Explanatory note re publication of open generic restriction order documents and the SDS Tradecraft manual
Counsel note
Restriction order approach, Generic restriction order documents
CTI – Explanatory note on restriction order applications for SDS officers following Minded-To 5
Explanatory note
Anonymity
CTI – Note on the future approach to the publication of open evidence in support of key anonymity applications
Counsel note
Restriction order approach, Photographs
CTI – Explanatory note on restriction order applications for SDS officers following Minded-To 4
Explanatory note
Anonymity
CTI – Explanatory note on restriction order applications for SDS officers (January 2018 update)
Explanatory note
Anonymity
CTI – Explanatory note on restriction order applications for SDS officers (November 2017 update)
Explanatory note
Anonymity
CTI – Explanatory note on restriction order applications for SDS officers (August 2017 update)
Explanatory note
Anonymity
CTI – Supplementary note on the Rehabilitation of Offenders Act and its impact on the Inquiry’s Work (Note 2)
Counsel note
Rehabilitation of Offenders Act 1974
CTI – Supplementary note for the hearing on 5 April 2017 (Note 2)
Counsel note
Restriction order approach, Anonymity
CTI – Note for the hearing on 5 April 2017 (Note 1)
Counsel note
Restriction order approach, Anonymity
CTI – Note on the Rehabilitation of Offenders Act 1974 and its impact on the Inquiry’s Work (Note 1)
Counsel note
Rehabilitation of Offenders Act 1974
CTI – Further note on the principles applicable to disclosure of deceased children’s identities (Note 2)
Counsel note
Deceased Children’s Identities (procedural)
CTI – Note on the principles applicable to disclosure of deceased children’s identities (Note 1)
Counsel note
Deceased Children’s Identities (procedural)
CTI – Supplementary note on undertakings (Note 2)
Counsel note
Undertakings
Annex to CTI’s Note of 22 March 2016: non-exhaustive list of public interest factors
Annex
Restriction order approach
CTI – Supplementary note re legal principles applying to restriction orders applications (Note 2)
Counsel note
Restriction order approach
CTI - Note on the legal tests applicable to applications for restriction orders (Note 1)
Counsel note
Restriction order approach
CTI – Note on Undertakings (Note 1)
Counsel note
Undertakings
CTI – Note on the Standard of Proof
Counsel note
Standard of Proof