Part 3Criminal evidence, investigations and procedure

Chapter 1Anonymity in investigations

I177Applications

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;

I3c

in a case where the F2National Crime Agency is conducting the qualifying criminal investigation, the F3Director General of the National Crime Agency;

I2d

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;

F4f

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I2g

the Director of Public Prosecutions for Northern Ireland.

I22

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.

I23

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.

I24

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

I25

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.

I26

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 F5....

I27

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

I28

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.

F19

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).