EVIDENCE ACT 1977 - SECT 21KE Review of giving of witness identity protection certificate by police service

EVIDENCE ACT 1977 - SECT 21KE

21KE Review of giving of witness identity protection certificate by police service

(1) This section applies to a witness identity protection certificate filed with a court by the police service.

(2) As soon as practicable after the end of the proceeding in which the witness identity protection certificate is filed by the police service, the police commissioner must give the chairperson of the CCC notice of the date the proceeding to which the certificate relates ended.

(3) The chairperson of the CCC must—

(a) review the giving of the witness identity protection certificate as soon as practicable after the end of the proceeding to which the certificate relates and, in any event, within 3 months after the end of the year in which the certificate is filed; and

(b) consider whether, in the circumstances, it was appropriate to give the certificate; and

(c) if the chairperson considers it was inappropriate to give the certificate, notify whichever of the following is relevant of that fact as soon as practicable—

(i) each party to the proceeding;

(ii) a lawyer assisting the court.

(4) The police commissioner, if asked by the chairperson of the CCC, must give the chairperson—

(a) all the information the police service used for deciding to give the witness identity protection certificate; and

(b) particulars relating to each person to whom a copy of the certificate was given under section 21H (2) or (3) .

(5) The chairperson of the CCC must give a copy of any report on the review to the police commissioner as soon as practicable after the report is completed.