48. Disclosure of address or telephone number of witness

48. Disclosure of address or telephone number of witness

(1) The informant must not disclose the address or telephone number including a private, business or official address or telephone number) of any person in any information, document or thing provided to the accused under this Division unless-

(a) the informant believes that-

(i) the information, document or thing does not identify the address or telephone number as that of any particular person; or

(ii) the address or telephone number is relevant to the offence charged and disclosure is not likely to present a reasonably ascertainable risk to the welfare or physical safety of any person; or

(b) the Magistrates' Court permits the disclosure in accordance with subsection (3) on application made by the informant or the accused.

(2) For the purposes of subsection (1), the informant may delete, or render illegible, an address or telephone number included in the information, document or thing before service on the accused.

(3) The Magistrates' Court may grant an application made under subsection(1)(b) if the court is satisfied that-

(a) the address or telephone number is relevant to the offence charged; and

(b) one of the following applies-

(i) disclosure is not likely to present a reasonably ascertainable risk to the welfare or physical safety of any person; or

(ii) having regard to the matters referred to in subsection (4), the interests of justice outweigh any risk referred to in subparagraph (i).

(4) For the purposes of subsection (3)(b)(ii), the Magistrates' Court must
have regard to-

(a) the right to privacy of the witness; and

(b) the right of the accused to prepare properly for the hearing.

Note

See section 14 of the Victims' Charter Act 2006 as to victims' privacy.