Section 9Part 2 — Anonymity in Investigations
Appeal against refusal to make an order
←→ Navigate · Click subsection badges to collapse · Press ? for help
Where a magistrate refuses an application for an investigation anonymity order, the applicant may appeal to a judge against that refusal.
An applicant may not appeal under subsection (1) unless the applicant indicates —
in the application for the order; or
if there is a hearing of the application before the magistrate, at the hearing,
that the applicant intends to appeal a refusal.
If an applicant has indicated an intention to appeal a refusal, a magistrate who refuses an application for an investigation anonymity order shall nonetheless make the order as requested by the applicant and that order shall be endorsed with the words "subject to appeal".
An order made under subsection (3) has effect until the appeal is determined or otherwise disposed of.
The judge to whom an appeal is made shall consider afresh the application for an investigation anonymity order and section 7(3) to (5) applies accordingly to the determination of the application by the judge.