Explanatory Notes

Coroners and Justice Act 2009

2009 CHAPTER 25

12 November 2009

The Act

Commentary on Sections

Part 3 - Criminal evidence, investigations and procedure
Chapter 2: Anonymity of witnesses
Section 89: Relevant considerations

473.Subsection (1) requires the court to have regard to the considerations set out in subsection (2) when deciding whether to make an order. The court must also have regard to any other factors it considers relevant.

474.The considerations in subsection (2) are the defendant’s general right to know the identity of a witness, the extent to which credibility of the witness is relevant in assessing the weight of the evidence he or she gives, whether the witness’s evidence might be the sole or decisive evidence, whether the witness’s evidence can be properly tested without knowing the witness’s identity, whether the witness has a tendency or any motive to be dishonest and whether alternative means could be used to protect the witness.