Commentary on Sections
Section 6: Discharge or variation of order
41.The Act does not provide for a right of appeal against the making of, or refusal to make, a witness anonymity order. The Government considers that existing appeal procedures are sufficient. Thus in the case of the prosecutor, the appeal against a terminating ruling under Part 9 of the Criminal Justice Act 2003 is available. In the case of a defendant, the matter may be raised on appeal against conviction. Section 6 does however provide for an order to be discharged or varied. This will come into play where, for example, a witness who previously gave evidence anonymously is content for the anonymity to be lifted. The court may vary or discharge the order either on an application by a party to the proceedings or on its own initiative.