s.19Discharge or variation by Court of Appeal
19
Section 19Part 3 — Anonymity in Criminal Proceedings

Discharge or variation by Court of Appeal

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Where a court has made a witness anonymity order in relation to a witness in the trial proceedings and a defendant in the trial proceedings has in those proceedings —
been convicted;
been found not guilty by reason of insanity; or
been found to be under a disability and to have done the act charged in respect of an offence,
the Court of Appeal may in proceedings on or in connection with an appeal by the defendant from the trial proceedings discharge, vary or further vary the order if it appears to the court to be appropriate to do so in view of sections 13 and 14 that apply to the making of a witness anonymity order and such other matters as the court considers relevant.
The Court of Appeal may not discharge or vary the order unless in the case of each party to the trial proceedings —
it has given the person the opportunity to be heard; or
it is satisfied that it is not reasonably practicable to communicate with the person.
The Court of Appeal may, notwithstanding subsection (2), hear one or more of the parties to the trial proceedings in the absence of a person who was a defendant in the trial proceedings and that person's legal representative, if it appears to the court to be appropriate to do so in the circumstances of the case.
In this section a reference to the doing of an act includes a reference to a failure to act.
In this section "trial proceedings" means the criminal proceedings from which the appeal lies.

Cross References