Coroners and Justice Act 2009

80 Discharge of order E+W+N.I.

(1) A justice of the peace may discharge an investigation anonymity order if it appears to the justice to be appropriate to do so.

(2) The justice may so discharge an investigation anonymity order on an application by—

(a) the person on whose application the order was made;

(b) the Director of Public Prosecutions;

F1 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) the Director of Public Prosecutions for Northern Ireland;

(e) the person specified in the order.

(3) An application may not be made under subsection (2) unless there has been a material change of circumstances since the relevant time.

(4) Any person eligible to apply for the discharge of the order is entitled to be party to the proceedings on the application in addition to the applicant.

(5) If an application to discharge an investigation anonymity order is made by a person other than the person specified in the order, the justice may not determine the application unless—

(a) the person specified in the order has had an opportunity to oppose the application, or

(b) the justice is satisfied that it is not reasonably practicable to communicate with the person.

(6) A party to the proceedings may appeal to a judge of the Crown Court against the justice's decision.

(7) If during the proceedings a party indicates an intention to appeal against a determination to discharge the investigation anonymity order, a justice of the peace who makes such a determination must provide for the discharge of the order not to have effect until the appeal is determined or otherwise disposed of.

(8) “The relevant time” means—

(a) the time when the order was made, or

(b) if a previous application has been made under subsection (2), the time when the application (or the last application) was made.

Textual Amendments

F1 S. 80(2)(c) omitted (27.3.2014) by virtue of The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 2 para. 72

Commencement Information

I1 S. 80 in force at 6.4.2010 for E.W. by S.I. 2010/816, art. 3

I2 S. 80(1)(2)(a)(d)(e)(3)-(8) in force at 18.4.2011 for N.I. by S.R. 2011/182, art. 2(a)(vii)