Coroners and Justice Act 2009

79 Appeal against refusal of order E+W+N.I.

(1) Where a justice of the peace refuses an application for an investigation anonymity order, the applicant may appeal to a judge of the Crown Court against that refusal.

(2) An applicant may not appeal under subsection (1) unless the applicant indicates—

(a) in the application for the order, or

(b) if there is a hearing of the application before the justice, at the hearing,

that the applicant intends to appeal a refusal.

(3) If an applicant has indicated an intention to appeal a refusal, a justice of the peace who refuses an application for an investigation anonymity order must make the order as requested by the applicant.

(4) An order made under subsection (3) has effect until the appeal is determined or otherwise disposed of.

(5) The judge to whom an appeal is made must consider afresh the application for an investigation anonymity order and section 77(3) to (5) applies accordingly to the determination of the application by the judge.

(6) In the application of section 77(5) by virtue of subsection (5), the reference in section 77(5) to the designated officer in relation to a justice of the peace is to be read—

(a) in the case of an appeal made in England and Wales, as a reference to the appropriate officer of the Crown Court;

(b) in the case of an appeal made in Northern Ireland, as a reference to the chief clerk F1 ....

Textual Amendments

F1 Words in s. 79(6)(b) repealed (N.I.) (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 138(2), Sch. 9 Pt. 1 (with Sch. 8 para. 1); S.R. 2016/387, art. 2(k)(l) (with art. 3)

Commencement Information

I1 S. 79 in force at 6.4.2010 for E.W. by S.I. 2010/816, art. 3

I2 S. 79(1)-(5)(6)(b) in force at 18.4.2011 for N.I. by S.R. 2011/182, art. 2(a)(vi)