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Coroners and Justice Act 2009
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- 2009 c. 25
- Part 3
- Chapter 2
- Discharge and variation
- Section 92
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- S.I. 2011/1122 art. 2 commences (2009 c. 25)
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92Discharge or variation after proceedingsE+W+S+N.I.
This section has no associated Explanatory Notes
(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.
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