Tranche 1 Phase 2 Directions hearing
This procedural hearing took place after the Tranche 1 Phase 1 evidential hearings of the Undercover Policing Inquiry had occurred (November 2020) and its purpose was to address points raised by various core participants in relation to it.
By this stage, the Covid-19 pandemic had begun and was impacting on the conduct of the Inquiry hearings.
At the start of the hearing, the Inquiry Chair, Sir John Mitting, made a statement saying that the Metropolitan Police had not been the source of most of the documents, and that they had been fully cooperating with the Inquiry, specifically stating, ‘the idea that the difficulties that we have experienced can be put down to deliberate obstruction is wrong’.
He also said that the Inquiry was not requesting the Specal Branch Registry Files of those targeted as they contained information from sources other than undercovers, so ‘it is not a productive exercise for the Inquiry to call for or examine the Registry Files of individuals’.
There was discussion on if and how the Inquiry hearings could be broadcast, whether in limited form or more widely, or if at all. A key problem raised by police core participants was how this would potentially circumvent the restriction orders in place over former officer’s identities.
A point of deep criticism of the Tranche 1 Phase 1 (T1P1) hearing was the use of a rolling transcript for the outside world, which had proven to be a deeply unsatisfactory solution. In relation to this, some non-state core participants argued that being prevented from having audio-visual access because they could not attend a hearing in person due to health risks was a breach of their rights under the Equality Act.
Another topic raised was the inadequacy of the Rule 10 Questions process experienced by the legal representatives. The non-state core participants, in light of experiences in T1P1, requested the right to have 30 minutes to question each witness, which was rejected (see under Cross-Examination for details).
The main outcome of the hearing was that the Inquiry Chair ruled that there would only be a live transcript made available for Tranche 1 Phase 2 hearings where former SDS undercovers were heard, albeit there would be a ten minute delay in case something covered by a restriction order was said, in order to prevent it being broadcast.
This changed for the Tranche 1 Phase 3 hearings at which SDS managers gave evidence – in this hearing an audio stream was also provided.
At the end of questioning of witnesses by Counsel to the Inquiry, 15 minutes would be given for the barristers to core participants to make specific applications to put questions to them. Opening statements would continue to be live streamed.
Speakers
| Counsel / Individual | Clients |
|---|---|
| David Barr KC | UCPI |
| Peter Skelton KC | Metropolitan Police |
| Gerry Boyle KC | National Police Chiefs’ Council |
| Richard Whittam KC | Slater & Gordon clients |
| Jude Bunting | Seven media organisations |
| Robert McAllister | Designated Lawyers Officers |
| Owen Greenhall | Non-State Core Participants (coordination group) |
| Rajiv Menon KC | NSCPs (Saunders Solicitors, Deighton Pierce Glynn) |
| Matthew Ryder KC | NSCPs (Hodge Jones & Allen, Bhatt Murphy) |
| Heather Williams KC | NSCPs (Categories F and H) |