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Coroners and Justice Bill

76N: Clause 77, page 45, line 25, at end insert— "( ) For the purposes of considering an application for a witness anonymity order, the court may appoint an independent counsel to assist the court. ( ) In deciding whether to grant the order, the court shall consider whether the appointment of an independent counsel would contribute significantly to the fairness of the proceedings; and if the court decides not to appoint an independent counsel the court must give reasons. ( ) The court may direct the independent counsel to scrutinise on the court’s behalf any relevant matter the court thinks fit, and to carry out any instruction the court thinks fit. ( ) The party applying for the witness anonymity order must disclose to the independent counsel all information relating to the proceedings that is in that party’s possession. ( ) The independent counsel shall have power to require police officers unconnected with the relevant trial to investigate and report to him whether there are any matters relevant to the considerations set out in section 76(2)(d) and (e) which should be drawn to the attention of the court. ( ) The independent counsel shall be entitled to examine witnesses in the absence of a prosecutor, or in the absence of a defendant and his legal representative. ( ) The independent counsel shall assist the court in its consideration of Conditions A to C in section 78."