KENNEDY v. THE UNITED KINGDOM JUDGMENT
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(3) The Tribunal may hold, at any stage of their consideration, oral hearings at
which the complainant may make representations, give evidence and call witnesses.
(4) The Tribunal may hold separate oral hearings which:
(a) the person whose conduct is the subject of the complaint,
(b) the public authority against which the section 7 proceedings are brought, or
(c) any other person specified in section 68(7) of the Act,
may be required to attend and at which that person or authority may make
representations, give evidence and call witnesses.
(5) Within a period notified by the Tribunal for the purpose of this rule, the
complainant, person or authority in question must inform the Tribunal of any
witnesses he or it intends to call; and no other witnesses may be called without the
leave of the Tribunal.
(6) The Tribunal's proceedings, including any oral hearings, shall be conducted in
private.”
86. The taking of evidence is addressed in Rule 11:
“(1) The Tribunal may receive evidence in any form, and may receive evidence that
would not be admissible in a court of law.
(2) The Tribunal may require a witness to give evidence on oath.
(3) No person shall be compelled to give evidence at an oral hearing under
rule 9(3).”
87. Finally, Rule 13 provides guidance on notification to the
complainant of the IPT's findings:
“(1) In addition to any statement under section 68(4) of the Act, the Tribunal shall
provide information to the complainant in accordance with this rule.
(2) Where they make a determination in favour of the complainant, the Tribunal
shall provide him with a summary of that determination including any findings of fact.
...
(4) The duty to provide information under this rule is in all cases subject to the
general duty imposed on the Tribunal by rule 6(1).
(5) No information may be provided under this rule whose disclosure would be
restricted under rule 6(2) unless the person whose consent would be needed for
disclosure under that rule has been given the opportunity to make representations to
the Tribunal.”