Part 3Criminal evidence, investigations and procedure
Chapter 1Anonymity in investigations
80Discharge of order
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;
c
the Director of Revenue and Customs Prosecutions;
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.