6Witness identity protection certificate – giving

6 Witness identity protection certificate – giving

(1)  The chief officer of a law enforcement agency may give a certificate for an operative of the agency in relation to a proceeding if –

(a) the operative is, or may be required, to give evidence in the proceeding; and

(b) the chief officer is satisfied on reasonable grounds that the disclosure in the proceeding of the operative's identity or where the operative lives is likely to –

(i) endanger the safety of the operative or someone else; or

(ii) prejudice any investigation.

(2)  The chief officer must make all reasonable enquiries to enable him or her to ascertain the information required to be included in the certificate by section 7 .

(3)  A decision to give a witness identity protection certificate –

(a) is final; and

(b) cannot be impeached for informality or form; and

(c) cannot be appealed against, reviewed, called into question, quashed or invalidated in any court.

(4)  Subsection (3) does not prevent a decision to give a witness identity protection certificate being called into question in the course of any proceedings of a disciplinary nature against the person who made the decision.