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.