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.