Part 3Criminal evidence, investigations and procedure
Chapter 1Anonymity in investigations
I180Discharge of order
I21
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—
I2a
the person on whose application the order was made;
b
the Director of Public Prosecutions;
c
the Director of Revenue and Customs Prosecutions;
I2d
the Director of Public Prosecutions for Northern Ireland;
I2e
the person specified in the order.
I23
An application may not be made under subsection (2) unless there has been a material change of circumstances since the relevant time.
I24
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.
I25
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.
I26
A party to the proceedings may appeal to a judge of the Crown Court against the justice's decision.
I27
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.
I28
“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.