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