NCTJ Court Reporting Practice Exam

In which circumstances can Section 49 anonymity be lifted?

1. When the court requires public testimony

2. To avoid injustice or in the public interest

3. When new evidence emerges

4. When a request is made by the witness

The correct answer is: To avoid injustice or in the public interest

Section 49 anonymity, which provides certain witnesses with the right to anonymity to protect them from any potential repercussions of their testimony, can be lifted to avoid injustice or in the public interest. This provision recognizes that in certain situations, maintaining anonymity may hinder the legal process, such as when the public has a legitimate interest in knowing the identity of a witness. Additionally, revealing a witness's identity may be necessary to ensure a fair trial, promote transparency, or address serious public safety concerns. In contrast, while public testimony and new evidence could influence decisions made in court, they do not directly relate to the criteria under which Section 49 anonymity is lifted. Requests from witnesses alone may not be sufficient grounds for lifting anonymity, as the court must weigh factors like justice and public interest comprehensively.