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(1)When deciding whether Conditions A to C in section 4 are met in the case of an application for a witness anonymity order, the court must have regard to—
(a)the considerations mentioned in subsection (2) below, and
(b)such other matters as the court considers relevant.
(2)The considerations are—
(a)the general right of a defendant in criminal proceedings to know the identity of a witness in the proceedings;
(b)the extent to which the credibility of the witness concerned would be a relevant factor when the weight of his or her evidence comes to be assessed;
(c)whether evidence given by the witness might be the sole or decisive evidence implicating the defendant;
(d)whether the witness's evidence could be properly tested (whether on grounds of credibility or otherwise) without his or her identity being disclosed;
(e)whether there is any reason to believe that the witness—
(i)has a tendency to be dishonest, or
(ii)has any motive to be dishonest in the circumstances of the case,
having regard (in particular) to any previous convictions of the witness and to any relationship between the witness and the defendant or any associates of the defendant;
(f)whether it would be reasonably practicable to protect the witness's identity by any means other than by making a witness anonymity order specifying the measures that are under consideration by the court.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
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