NCTJ Court Reporting Practice Exam

What must occur for Section 46 anonymity to be applied to a witness?

1. The witness must have a criminal record

2. The witness must testify in a closed court

3. The witness must demonstrate fear or distress about being named

4. The witness must be a minor

The correct answer is: The witness must demonstrate fear or distress about being named

For Section 46 anonymity to be applied to a witness, it is essential for the witness to demonstrate fear or distress about being named. This legal provision is designed to protect individuals who might face significant personal risk or emotional distress if their identity were to become publicly known during legal proceedings. The rationale behind this is to promote the safety and well-being of witnesses, ensuring they can provide evidence without the added threat of intimidation or retribution. The other factors mentioned do not inherently qualify a witness for anonymity under Section 46. While having a criminal record, testifying in a closed court, or being a minor might create circumstances where anonymity could be discussed, they are not prerequisites for the application of this specific section intended to safeguard witnesses who are genuinely concerned for their safety or mental health due to the exposure of their identities.