s.13Conditions for making an order
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Section 13Part 3 — Anonymity in Criminal Proceedings

Conditions for making an order

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Upon an application pursuant to section 12, the court may make a witness anonymity order only if it is satisfied that the following conditions are met —
that the measures to be specified in the order are necessary —
in order to protect the safety of the witness or another person or to prevent any serious damage to property; or
in order to prevent real harm to the public interest, whether affecting the carrying on of any activities in the public interest or the safety of a person involved in carrying on such activities, or otherwise;
that, having regard to all the circumstances, the taking of those measures would be consistent with the defendant receiving a fair trial; and
that the importance of the witness's testimony is such that in the interests of justice the witness ought to testify and —
the witness would not testify if the proposed order were not made; or
there would be real harm to the public interest if the witness were to testify without the proposed order being made.
In determining whether the measures to be specified in the order are necessary for the purpose mentioned in subsection (1)(a)(i), the court shall have regard, in particular, to any reasonable fear on the part of the witness —
that the witness or another person would suffer death or injury; or
that there would be serious damage to property,
if the witness were to be identified.

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