s.18Discharge or variation of order after criminal proceedings have come to an end
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Section 18Part 3 — Anonymity in Criminal Proceedings

Discharge or variation of order after criminal proceedings have come to an end

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Where a court has made a witness anonymity order in relation to a witness in criminal proceedings and those proceedings have come to an end the court that made the order may 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 apply to the making of a witness anonymity order; and
such other matters as the court considers relevant.
On an application made either by a party to the original criminal proceedings or by the witness, the court may discharge, vary or further vary a witness anonymity order if there has been a material change of circumstances since the relevant time.
The court may not determine an application made to it under subsection (2) unless in the case of each of the parties to the original criminal proceedings and the witness —
it has given the person the opportunity to be heard; or
it is satisfied that it is not reasonably practicable to communicate with the person.
The court may, notwithstanding subsection (3), hear one or more of the persons mentioned in that subsection in the absence of a person who was a defendant in the original criminal proceedings and that person's 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 original criminal proceedings came to an end; or
if a previous application has been made under subsection (3), the time when the application, or the last application, was made.

Cross References