112 Witness anonymity order for purpose of High Court trial

(1)

This section and section 113 apply if a person is charged with a category 3 or 4 offence.

(2)

The prosecution or the defendant may apply to a High Court Judge for a witness anonymity order under this section.

(3)

The Judge must hear and determine the application in chambers, and—

(a)

the Judge must give each party an opportunity to be heard on the application; and

(b)

neither the party supporting the application nor the witness need disclose any information that might disclose the witness’s identity to any person (other than the Judge) before the application is dealt with.

(4)

The Judge may make a witness anonymity order if satisfied that—

(a)

the safety of the witness or of any other person is likely to be endangered, or there is likely to be serious damage to property, if the witness’s identity is disclosed; and

(b)

either—

(i)

there is no reason to believe that the witness has a motive or tendency to be dishonest, having regard (where applicable) to the witness’s previous convictions or the witness’s relationship with the defendant or any associates of the defendant; or

(ii)

the witness’s credibility can be tested properly without disclosure of the witness’s identity; and

(c)

the making of the order would not deprive the defendant of a fair trial.

(5)

Without limiting subsection (4), in considering the application, the Judge must have regard to—

(a)

the general right of a defendant to know the identity of witnesses; and

(b)

the principle that witness anonymity orders are justified only in exceptional circumstances; and

(c)

the gravity of the offence; and

(d)

the importance of the witness’s evidence to the case of the party who wishes to call the witness; and

(e)

whether it is practical for the witness to be protected by any means other than an anonymity order; and

(f)

whether there is other evidence that corroborates the witness’s evidence.

Compare: 1908 No 56 s 13C(1)–(5)

Section 112(1): replaced, on 1 July 2013, by section 4 of the Evidence Amendment Act 2013 (2013 No 29).

Section 112(2): replaced, on 1 July 2013, by section 4 of the Evidence Amendment Act 2013 (2013 No 29).

Section 112(4)(b)(i): amended, on 1 July 2013, by section 5 of the Evidence Amendment Act 2011 (2011 No 89).

Section 112(4)(c): amended, on 1 July 2013, by section 5 of the Evidence Amendment Act 2011 (2011 No 89).