Section 8Part 2 — Anonymity in Investigations
Conditions for making an order
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A magistrate may make an investigation anonymity order if satisfied that there are reasonable grounds for believing that the conditions set out in subsection (2)(a), (b) and (c) and either (d) or (e) are met.
The conditions referred to in subsection (1) are —
that a qualifying offence has been committed;
that the person who would be specified in the order has reasonable grounds for fearing intimidation or harm if identified as a person who is or was able or willing to assist the criminal investigation as it relates to the qualifying offence;
that the person who would be specified in the order —
is able to provide information that would assist the criminal investigation as it relates to the qualifying offence; and
is more likely than not, as a consequence of the making of the order, to provide such information;
that the person likely to have committed the qualifying offence is a person who was at least sixteen years of age at the time the offence was committed; and
that the person likely to have committed the qualifying offence is likely to have been a member of a group falling within subsection (3) at the time the offence was committed.
A group falls within this subsection if —
it is possible to identify the group from the criminal activities that its members appear to engage in; and
it appears that the majority of the persons in the group are at least sixteen years of age.
If it is suspected that the qualifying offence was committed by two or more persons, it is sufficient for the purposes of subsection (1) that the magistrate is satisfied that there are reasonable grounds for believing that the conditions in subsection (2) are satisfied in relation to one person.
The Cabinet may, by order, amend subsection (2)(b), (d) and (e) and subsection (4).