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Criminal Evidence (Witness Anonymity) Bill |
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[The page and line references are to HL Bill 76, the bill as first printed for the Lords.] |
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1 | Page 2, line 26, leave out subsection (2) and insert— |
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| “(1A) | Where an application is made by the prosecutor, the prosecutor— |
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| (a) | must (unless the court directs otherwise) inform the court of the |
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| identity of the witness, but |
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| (b) | is not required to disclose in connection with the application— |
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| (i) | the identity of the witness, or |
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| (ii) | any information that might enable the witness to be |
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| | to any other party to the proceedings or his or her legal |
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| (1B) | Where an application is made by the defendant, the defendant— |
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| (a) | must inform the court and the prosecutor of the identity of the |
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| (b) | (if there is more than one defendant) is not required to disclose in |
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| connection with the application— |
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| (i) | the identity of the witness, or |
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| (ii) | any information that might enable the witness to be |
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| | to any other defendant or his or her legal representatives. |
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| (1C) | Accordingly, where the prosecutor or the defendant proposes to make an |
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| application under this section in respect of a witness, any relevant material |
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| which is disclosed by or on behalf of that party before the determination of |
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| the application may be disclosed in such a way as to prevent— |
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| (a) | the identity of the witness, or |
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| (b) | any information that might enable the witness to be identified, |
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| | from being disclosed except as required by subsection (1A)(a) or (1B)(a). |
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