Salmon principles

England, Wales

he six cardinal principles of fair procedure under the Tribunals and Inquiries Act 1921 devised by Lord Justice Salmon, who, in 1966, chaired a Royal Commission on Tribunals of Inquiry following dissatisfaction with procedural aspects of Lord Denning's inquiry into the Profumo affair. These principles are:

• Before any person becomes involved in an inquiry, the tribunal must be satisfied that there are circumstances which affect them and which the tribunal proposes to investigate.

• Before any person who is involved in an inquiry is called as a witness, they should be informed of any allegations made against them and the substance of the evidence in support of them.

• They should be given an adequate opportunity to prepare their case and of being assisted by legal advisers and their legal expenses should normally be met out of public funds.

• They should have the opportunity of being examined by their own solicitor or counsel and of stating their case in public at the inquiry.

• Any material witnesses they wish to call at the inquiry should, if reasonably practicable, be heard.

• They should have the opportunity of testing by cross-examination conducted by their own solicitor or counsel any evidence which may affect them.