Coroners and Justice Act 2009

Discharge and variation

91 Discharge or variation of order

(1) A court that has made a witness anonymity order in relation to any criminal proceedings may in those proceedings subsequently discharge or vary (or further vary) the order if it appears to the court to be appropriate to do so in view of the provisions of sections 88 and 89 that apply to the making of an order.

(2) The court may do so—

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

(b) on its own initiative.

(3) The court must give every party to the proceedings the opportunity to be heard—

(a) before determining an application made to it under subsection (2);

(b) before discharging or varying the order on its own initiative.

(4) But subsection (3) does not prevent the court hearing one or more of the parties to the proceedings in the absence of a defendant in the proceedings and his or her legal representatives, if it appears to the court to be appropriate to do so in the circumstances of the case.

(5) “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.

92 Discharge 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.

93 Discharge or variation by appeal court

(1) This section applies if—

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

(b) a defendant in the trial proceedings has in those proceedings—

(i) been convicted,

(ii) been found not guilty by reason of insanity, or

(iii) been found to be under a disability and to have done the act charged in respect of an offence.

(2) The appeal court may in proceedings on or in connection with an appeal by the defendant from the trial proceedings 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 appeal court may not discharge or vary the order unless in the case of each party to the trial proceedings—

(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.

(4) But subsection (3) does not prevent the appeal court hearing one or more of the parties to the trial proceedings in the absence of a person who was a defendant in the trial 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.

(5) In this section a reference to the doing of an act includes a reference to a failure to act.

(6) “Appeal court” means—

(a) the Court of Appeal,

(b) the Court of Appeal in Northern Ireland, or

(c) the Court Martial Appeal Court.