Member

393B: Clause 168, page 219, line 13, leave out subsections (3) and (4) and insert— “(3) The court may, on application by or on behalf of D and on notice to the media, make an order—(a) withholding from the public in proceedings before the court—(i) D’s name, (ii) D’s address,(iii) D’s date of birth,(b) giving a reporting direction (see section 170) in respect of D (if one does not already have effect), or(c) making an anonymity order (see section 171) in respect of D.(4) To make an order under subsection (3) the court must—(a) be satisfied that the order is necessary—(i) to protect against a real risk to the safety of D or another person arising from D being identified as the person alleged to have committed the offence, or(ii) to prevent real harm to the public interest, and(b) be satisfied that the order includes the least restrictive measures possible to address the conditions in (a)(i) or (ii) and is proportionate having regard to the principle of open justice.(4A) Where the court considers that giving notice under subsection (3) would defeat the purpose of the application, it may make a temporary order without notice, which must be reconsidered at the earliest opportunity after notice has been given to the media.”Member’s explanatory statement The amendment would replace the presumption of anonymity for firearms officers in Clause 168 with a power for the Court to grant anonymity where it is necessary to protect against a real risk to the safety of the officer or another person arising from D being identified as the person alleged to have committed the offence, or to prevent real harm to the public interest, having regard to proportionality and the principle of open justice.