s.12Application for witness anonymity order
12
Section 12Part 3 — Anonymity in Criminal Proceedings

Application for witness anonymity order

←→ Navigate  ·  Click subsection badges to collapse  ·  Press ? for help

An application for a witness anonymity order to be made in relation to a witness in criminal proceedings may be made to the court by the prosecutor or the defendant.
Where an application is made by the prosecutor, the prosecutor shall —
unless the court directs otherwise, inform the court of the identity of the witness; and
not be required to disclose in connection with the application —
the identity of the witness; or
any information that might enable the witness to be identified,
to any other party to the proceedings or his legal representative.
Where an application is made by the defendant, the defendant shall —
inform the court and the prosecutor of the identity of the witness; and
not be required to disclose in connection with the application, if there is more than one defendant —
the identity of the witness; or
any information that might enable the witness to be identified,
to any other defendant or his legal representative.
Where the prosecutor or the defendant proposes to make an application under this section in respect of a witness, any relevant material which is disclosed by or on behalf of that party before the determination of the application may be disclosed in such a way as to prevent —
the identity of the witness; or
any information that might enable the witness to be identified,
from being disclosed except as required by subsection (2)(a) or (3)(a).
In this section "relevant material" means any document or other material which falls to be disclosed, or is sought to be relied on, by or on behalf of the party concerned in connection with the proceedings or proceedings preliminary to them.
The court shall give every party to the proceedings the opportunity to be heard on an application under this section.
The court may, notwithstanding subsection (6), hear one or more parties in the absence of a defendant and his legal representative, if it appears to the court to be appropriate to do so in the circumstances of the case.
Nothing in this section is to be taken as restricting any power to make rules of court.

Referenced By