Coroners and Justice Act 2009

77 Applications E+W+N.I.

(1) An application for an investigation anonymity order may be made to a justice of the peace by—

(a) in a case where a police force in England and Wales is conducting the qualifying criminal investigation, the chief officer of police of the police force;

(b) in a case where the British Transport Police Force is conducting the qualifying criminal investigation, the Chief Constable of the British Transport Police Force;

(c) in a case where the [F1 National Crime Agency] is conducting the qualifying criminal investigation, the [F2 Director General of the National Crime Agency];

(d) in a case where the Police Service of Northern Ireland is conducting the qualifying criminal investigation, the Chief Constable of the Police Service of Northern Ireland;

(e) the Director of Public Prosecutions;

F3 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) the Director of Public Prosecutions for Northern Ireland.

(2) An applicant for an investigation anonymity order is not required to give notice of the application to—

(a) a person who is suspected of having committed or who has been charged with an offence to which the qualifying criminal investigation relates, or

(b) such a person's legal representatives.

(3) An applicant for an investigation anonymity order must (unless the justice of the peace directs otherwise) inform the justice of the identity of the person who would be specified in the order.

(4) A justice of the peace may determine the application without a hearing.

(5) If a justice of the peace determines an application for an investigation anonymity order without a hearing, the designated officer in relation to that justice must notify the applicant of the determination.

(6) In the application of this section to Northern Ireland, the reference to the designated officer in relation to a justice of the peace is to be read as a reference to the clerk of petty sessions for the petty sessions district in which the application for an investigation anonymity order is made.

(7) The Secretary of State may by order amend subsection (1).

(8) The provision which may be included in an order under subsection (7) by virtue of section 176 (power to make consequential provision etc) includes provision modifying any provision of this Chapter.

[F4 (9) The power to make an order under subsection (7) is exercisable by the Department of Justice in Northern Ireland (and not by the Secretary of State) so far as it may be used to make provision which could be made by an Act of the Northern Ireland Assembly without the consent of the Secretary of State (see sections 6 to 8 of the Northern Ireland Act 1998).]

Textual Amendments

F1 Words in s. 77(1)(c) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 188(a); S.I. 2013/1682, art. 3(v)

F2 Words in s. 77(1)(c) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 188(b); S.I. 2013/1682, art. 3(v)

F3 S. 77(1)(f) 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. 71

F4 S. 77(9) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 14 para. 96(2) (with arts. 28-31)

Commencement Information

I1 S. 77 in force at 6.4.2010 for E.W. by S.I. 2010/816, art. 3

I2 S. 77(1)(c) in force at 2.5.2011 for N.I. by S.I. 2011/1122, art. 2

I3 S. 77(1)(d)(g)(2)-(8) in force at 18.4.2011 for N.I. by S.R. 2011/182, art. 2(a)(iv)