EVIDENCE ACT 1977 - SECT 21I Effect of witness identity protection certificate

EVIDENCE ACT 1977 - SECT 21I

21I Effect of witness identity protection certificate

(1) This section applies if—

(a) a witness identity protection certificate for an operative in relation to a proceeding is filed under section 21H (1) (a) ; and

(b) either—

(i) a copy of the certificate is given to each party under section 21H (2) and to each person, if any, stated in an order under section 21H (3) for the certificate; or

(ii) the relevant court for the proceeding gives leave for this section to apply despite noncompliance with section 21H (2) or (3) .

(2) If this section applies—

(a) the operative may give evidence in the proceeding under the assumed name, or court name, stated in the certificate; and

(b) subject to section 21K —

(i) a question must not be asked of a witness, including the operative, that may lead to the disclosure of the operative’s identity or where the operative lives; and

(ii) a witness, including the operative, can not be required to, and must not, answer a question, give evidence or provide information that discloses, or may lead to the disclosure of, the operative’s identity or where the operative lives; and

(iii) a person involved in the proceeding must not make a statement that discloses, or may lead to the disclosure of, the operative’s identity or where the operative lives.

(3) For this section, a person involved in a proceeding includes the following—

(a) the relevant court;

(b) a party to the proceeding;

(c) a person given leave to be heard or make submissions in the proceeding;

(d) a lawyer representing a person mentioned in paragraph (b) or (c) or a lawyer assisting the court in the proceeding;

(e) any other officer of the court or person assisting the court in the proceeding;

(f) a person acting in the execution of any process or the enforcement of any order in the proceeding.