(1)In this Chapter an “investigation anonymity order” is an order made by a justice of the peace in relation to a specified person prohibiting the disclosure of information—
(a)that identifies the specified person as a person who is or was able or willing to assist a specified qualifying criminal investigation, or
(b)that might enable the specified person to be identified as such a person.
(2)The prohibition in an investigation anonymity order is subject to subsections (3) to (9).
(3)An investigation anonymity order is not contravened by disclosure of such information as regards the specified person as is described in subsection (1), if the person disclosing the information does not know and has no reason to suspect that such an order has been made in relation to the specified person in connection with the specified qualifying criminal investigation.
(4)An investigation anonymity order is not contravened by disclosure of such information as regards the specified person as is described in subsection (1)(b), if the person disclosing the information does not know and has no reason to suspect that the information disclosed is information that might enable the specified person to be identified as a person of the sort described in subsection (1)(a) in relation to the specified qualifying criminal investigation.
(5)A person (“A”) who discloses to another person (“B”) that an investigation anonymity order has been made in relation to a person in connection with the criminal investigation of a qualifying offence does not contravene the order if the condition in subsection (6) is satisfied.
(6)The condition is that A knows that B is aware that the person specified in the order is a person who is or was able or willing to assist a criminal investigation relating to the qualifying offence.
(7)A person who discloses information to which an investigation anonymity order relates does not contravene the order if—
(a)the disclosure is made to a person who is involved in the specified qualifying criminal investigation or in the prosecution of an offence to which the investigation relates, and
(b)the disclosure is made for the purposes of the investigation or the prosecution of an offence to which the investigation relates.
(8)An investigation anonymity order is not contravened by—
(a)disclosure in pursuance of a requirement imposed by any enactment or rule of law, or
(b)disclosure made in pursuance of an order of a court.
(9)A person who discloses such information as regards another person as is described in subsection (1) may not rely on subsection (8) in a case where—
(a)it might have been determined that the person was required or permitted to withhold the information (whether on grounds of public interest immunity or on other grounds), but
(b)the person disclosed the information without there having been a determination as to whether the person was required or permitted to withhold the information.
Disclosure for the purposes of seeking such a determination is not a contravention of an investigation anonymity order.
(10)It is an offence for a person to disclose information in contravention of an investigation anonymity order.
(11)A person guilty of an offence under this section is liable—
(a)on summary conviction, to imprisonment for a term not exceeding the relevant period or a fine not exceeding the statutory maximum, or both;
(b)on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine, or both.
(12)“The relevant period” means—
(a)in relation to England and Wales, [F1the general limit in a magistrates’ court];
(b)in relation to Northern Ireland, 6 months.
(13)In this section “specified” means specified in the investigation anonymity order concerned.
Textual Amendments
F1Words in s. 76(12)(a) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1 table
Commencement Information
I1S. 76 in force at 6.4.2010 for E.W. by S.I. 2010/816, art. 3
I2S. 76(1)-(11)(12)(b)(13) in force at 18.4.2011 for N.I. by S.R. 2011/182, art. 2(a)(iii)