Rule 18.17 Application to vary or discharge a witness anonymity orderI1

England and Wales

(1)

A party who wants the court to vary or discharge a witness anonymity order, or a witness who wants the court to do so when the case is over, must—

(a)

apply in writing, as soon as reasonably practicable after becoming aware of the grounds for doing so; and

(b)

serve the application on—

(i)

the court officer, and

(ii)

each other party.

(2)

The applicant must—

(a)

explain what material circumstances have changed since the order was made (or last varied, if applicable);

(b)

explain why the order should be varied or discharged, taking account of the conditions for making an order; and

(c)

ask for a hearing, if the applicant wants one.

(3)

Where an application includes information that the applicant thinks might reveal the witness’ identity, the applicant must—

(a)

omit that information from the application that is served on a defendant;

(b)

mark the information to show that it is only for the court and the prosecutor (if the prosecutor is not the applicant); and

(c)

with that information include an explanation of why it has been withheld.

(4)

Where a party applies to vary or discharge a witness anonymity order after the trial and any appeal are over, the party who introduced the witness’ evidence must serve the application on the witness.

[Note. Under sections 91, 92 and 93 of the Coroners and Justice Act 2009, the court can vary or discharge a witness anonymity order—

(a)

on an application, if there has been a material change of circumstances since it was made or previously varied; or

(b)

on the court’s own initiative, unless the trial and any appeal are over.]

Annotations

Commencement

I1: Rule 18.17 in force at 6.10.2025, see Preamble