Criminal Investigation (Covert Powers) Act 2012

This section applies if a witness identity protection certificate for an operative is given in accordance with section 95 in relation to a parliamentary proceeding.

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 any resolution passed under section 97(4) —

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 subsection (2)(b)(iii), a person involved in a proceeding includes —

a member of the parliamentary committee; 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 parliamentary committee in the proceeding; and

any other person assisting the parliamentary committee in the proceeding; and

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

If this section applies, any evidence given by the operative in the proceeding must be given in private.