Criminal Investigation (Covert Powers) Act 2012

This section applies if —

a witness identity protection certificate for an operative is filed in accordance with section 85(1); and

either —

a copy of the certificate is given to each party in accordance with section 85(2) and to each person in accordance with an order under section 85(3) (if any); or

the court gives leave for this section to apply despite non‑compliance with section 85(2) or (3).

If this section applies —

the operative may give evidence in the proceeding under the assumed name, or court name, stated in the certificate; and

subject to sections 89 and 90 —

a question must not be asked of a witness, including the operative, that may lead to the disclosure of the operative’s true identity or where the operative lives; and

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 true identity or where the operative lives; and

a person involved in the proceeding must not make a statement that discloses, or may lead to the disclosure of, the operative’s true identity or where the operative lives.

For the purposes of this section, a person involved in a proceeding includes —

the court; and

a party to the proceeding; and

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

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

any other officer of the court or person assisting the court in the proceeding; and

a person acting in the execution of any process or the enforcement of any order in the proceeding.