The Act Commentary on Sections Part 3 - Criminal evidence, investigations and procedure Section 80: Discharge of order
446.Situations may arise in which an investigation anonymity order should be discharged, for example, where the informant no longer has any fear of reprisals. Subsection (1) therefore permits a justice of the peace to discharge an investigation anonymity order if it appears to the justice to be appropriate to do so.
447.Subsection (2) provides that a justice of the peace may discharge an investigation anonymity order on an application by the person who applied for the original order or on an application by the Director of Public Prosecutions, the Director of Revenue and Customs Prosecutions, the Director of Public Prosecutions for Northern Ireland or the informant in respect of whom the order was made.
448.Under subsections (3) and (8) an application for the discharge of an investigation anonymity order may be made only if there has been a material change of circumstances since the order was originally made, or since the last application to discharge the order was made. It will be for the justice of the peace to determine what amounts to a material change in circumstances.
449.Subsection (4) provides that where a person applies for the discharge of an investigation anonymity order any other person who is eligible to apply for the discharge of the order is entitled to be party to the proceedings.
450.Subsection (5) provides that if an application to discharge an investigation anonymity order is made by a person other than the informant in respect of whom the order was made, the justice may not determine the application unless (a) the informant has had an opportunity to oppose the application, or (b) the justice is satisfied that it is not reasonably practicable to communicate with the informant.
451.Subsection (6) provides a party to the proceedings with a right to appeal the justice of the peace’s decision to a judge of the Crown Court.
452.Subsection (7) provides that if a party to the proceedings indicates an intention to appeal against a determination to discharge the investigation anonymity order, a justice of the peace who makes such a determination must provide for the discharge of the order not to have effect until the appeal is disposed of.