Part 3Criminal evidence, investigations and procedure

Chapter 2Anonymity of witnesses

Discharge and variation

92Discharge or variation after proceedings

1

This section applies if—

a

a court has made a witness anonymity order in relation to a witness in criminal proceedings (“the old proceedings”), and

b

the old proceedings have come to an end.

2

The court that made the order may discharge or vary (or further vary) the order if it appears to the court to be appropriate to do so in view of—

a

the provisions of sections 88 and 89 that apply to the making of a witness anonymity order, and

b

such other matters as the court considers relevant.

3

The court may do so—

a

on an application made by a party to the old proceedings if there has been a material change of circumstances since the relevant time, or

b

on an application made by the witness if there has been a material change of circumstances since the relevant time.

4

The court may not determine an application made to it under subsection (3) unless in the case of each of the parties to the old proceedings and the witness—

a

it has given the person the opportunity to be heard, or

b

it is satisfied that it is not reasonably practicable to communicate with the person.

5

Subsection (4) does not prevent the court hearing one or more of the persons mentioned in that subsection in the absence of a person who was a defendant in the old proceedings and that person’s legal representatives, if it appears to the court to be appropriate to do so in the circumstances of the case.

6

“The relevant time” means—

a

the time when the old proceedings came to an end, or

b

if a previous application has been made under subsection (3), the time when the application (or the last application) was made.