Coroners and Justice Act 2009

78 Conditions for making order E+W+N.I.

(1) This section applies where an application is made for an investigation anonymity order to be made in relation to a person.

(2) The justice of the peace may make such an order if satisfied that there are reasonable grounds for believing that the conditions in subsections (3) to (8) are satisfied.

(3) The condition in this subsection is that a qualifying offence has been committed.

(4) The condition in this subsection is that the person likely to have committed the qualifying offence (“the relevant person”) is a person who was aged at least 11 but under 30 at the time the offence was committed.

(5) The condition in this subsection is that the relevant person is likely to have been a member of a group falling within subsection (6) at the time the offence was committed.

(6) A group falls within this subsection if—

(a) it is possible to identify the group from the criminal activities that its members appear to engage in, and

(b) it appears that the majority of the persons in the group are aged at least 11 but under 30.

(7) The condition in this subsection is that the person who would be specified in the order has reasonable grounds for fearing intimidation or harm if identified as a person who is or was able or willing to assist the criminal investigation as it relates to the qualifying offence.

(8) The condition in this subsection is that the person who would be specified in the order—

(a) is able to provide information that would assist the criminal investigation as it relates to the qualifying offence, and

(b) is more likely than not, as a consequence of the making of the order, to provide such information.

(9) If it is suspected that the qualifying offence was committed by 2 or more persons, it is sufficient for the purposes of subsection (2) that the justice is satisfied that there are reasonable grounds for believing that the conditions in subsections (3) to (8) are satisfied in relation to one person.

(10) The [F1 appropriate authority]may by order modify or repeal any of subsections (4) to (6) and (9).

(11) The provision which may be included in an order under subsection (10) by virtue of section 176 (power to make consequential provision etc) includes provision modifying any provision of this Chapter.

[F2 (12) In subsection (10) “the appropriate authority” means, in relation to England and Wales, the Secretary of State and, in relation to Northern Ireland, the Department of Justice in Northern Ireland.]

Textual Amendments

F1 Words in s. 78(10) substituted (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. 97(2) (with arts. 28-31)

F2 S. 78(12) 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. 97(3) (with arts. 28-31)

Commencement Information

I1 S. 78 in force at 6.4.2010 for E.W. by S.I. 2010/816, art. 3

I2 S. 78 in force at 18.4.2011 for N.I. by S.R. 2011/182, art. 2(a)(v)