Section 17Part 3 — Anonymity in Criminal Proceedings
Discharge or variation of order
←→ Navigate · Click subsection badges to collapse · Press ? for help
A court that has made a witness anonymity order in relation to any criminal proceedings may in those proceedings subsequently discharge, vary or further vary the order if it appears to the court to be appropriate to do so in view of sections 13 and 14 that applied to the making of the order.
The court may, discharge, vary or further vary a witness anonymity order —
on an application made by a party to the proceedings if there has been a material change of circumstances since the relevant time; or
on its own initiative.
The court shall give every party to the proceedings the opportunity to be heard —
before determining an application made to it under subsection (2); or
before discharging, varying or further varying the order on its own initiative.
The court may, notwithstanding subsection (3), hear one or more of the parties to the proceedings in the absence of a defendant in the proceedings and his legal representative, if it appears to the court to be appropriate to do so in the circumstances of the case.
In this section "the relevant time" means —
the time when the order was made; or
if a previous application has been made under subsection (2), the time when the application, or the last application, was made.
Cross References
- Section 13 of Criminal Evidence Witness Anonymity Act
Conditions for making an order
- Section 14 of Criminal Evidence Witness Anonymity Act
Relevant considerations