Court may authorise disclosure
9 Court may authorise disclosure
A court may order that a person is authorised to publish or make a statement or representation that would otherwise be an offence against section 6 or 7.
The court must consider the wishes of a complainant when making an order in relation to a statement or representation that discloses any particular that is likely to lead to the identification of the complainant.
The order may specify the particulars that may be disclosed and the extent to which publication or making of the statement or representation is permitted.
Before the commencement of an examination of witnesses or a trial, a court may direct that section 6(1) or 7(1) does not apply in relation to a specified complainant or defendant if:
a defendant applies to the court for a direction under this subsection; and
the court is satisfied that:
the direction is required for the purpose of inducing persons to come forward who are likely to be needed as witnesses at the examination or trial; and
the conduct of the applicant's defence at the examination of witnesses or trial is likely to be substantially prejudiced if the direction is not given.
A court may direct that section 6(1) does not apply in relation to a specified complainant if:
a defendant who is found guilty of committing a sexual offence:
gives notice of appeal or an application for leave to appeal against the finding of guilt to the court; and
applies to the court for a direction under this subsection; and
the court is satisfied that:
the direction is required for the purpose of obtaining evidence in support of the appeal; and
the applicant is likely to suffer substantial injustice if the direction is not given.
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