The Undercover Policing Inquiry acknowledged that it would be dealing with numerous sensitive issues, e.g. security issues around the use of tactics, and the needs of victims of undercover policing. Because of this, the Inquiry recognised that it needed to consider the manner in which evidential hearings would be held.
Central to some of these discussions was balancing the need to protect restriction orders over information and identities with the need to have an inquiry held as much as possible in public.
The Inquiry consulted on a number of issues:
- venue and facilities for those attending hearings;
- communication, recording of proceedings, and live streaming;
- the handling of evidential documents;
- the giving of oral evidence; and
- facilities and support for witnesses on the day on which they give evidence.
In 2019 this process cumulated in a Hearing Protocol in which the Inquiry set out how it generally expected to manage things. It was updated in 2024.
Other issues considered from time to time included how to handle breaches of restriction orders and use of social media during the evidential hearings.
Exceptions to the process or requests outside the above topics are considered special measures and require specific applications.
Following the Tranche 1 Phase 1 evidential hearings it was recognised that some issues needed reviewing, including the use of a rolling text transcript for those not able to attend the Inquiry hearings in person, and the use of Rule 10 questions.
These were dealt with in the ‘Directions Hearing’ of January 2021 and updated in the Directions issued by the Inquiry Chair on 1 March 2022 ahead of the Tranche 1 Phase 3 hearings.