Part 3

Criminal evidence, investigations and procedure
Chapter 2

Anonymity of witnesses

Discharge and variation

Discharge or variation of order
91
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.