9Effect of witness identity protection certificate

9 Effect of witness identity protection certificate

(1)  This section applies if –

(a) a witness identity protection certificate for an operative is filed in accordance with section 8(1) ; and

(b) either –

(i) a copy of the certificate is given to each party in accordance with section 8(2) and to each person in accordance with an order under section 8(3) (if any); or

(ii) the court gives leave for this section to apply despite non-compliance with section 8(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 11  –

(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, cannot 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 the purposes of this section, a person involved in a proceeding includes –

(a) the court; and

(b) a party to the proceeding; and

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

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