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Counter-Terrorism Bill (Programme) (No. 2)

The application should be inter partes, but an inter partes hearing in front of a Crown court judge need not take up an enormous amount of court time. All that needs to be done is for the prosecution to indicate to the defence that it wishes to re-interview and that it has the grounds to fulfil the necessary criteria. It is possible, of course, that the defendant will consent to being re-interviewed. If he consents with his lawyers present, I do not see why the interview should not proceed without an application, but if there is an argument over it, presumably the matter could be put before a Crown Court judge who could reach a decision after considering the circumstances. He could also exercise a watching brief, so that if a problem arose, an application might again be possible.