Document ID: chunk:federal_register_of_legislation:C2022C00001:section:31:p2
Version: federal_register_of_legislation:C2022C00001
Segment Type: section
Provision Reference: s 31 (pt 2/2)
Character Range: 56791–58226

any person may disclose the information in the proceeding. However, the information is only admissible in evidence in the proceeding if, apart from the order, it is admissible.

Witness exclusion certificate hearings
 (6) After holding a hearing required under subsection 28(5), the court must order that:
 (a) the prosecutor, the defendant or the defendant's legal representative must not call the person as a witness in the federal criminal proceeding; or
 (b) the prosecutor, the defendant or the defendant's legal representative may call the person as a witness in the federal criminal proceeding.

Factors to be considered by court
 (7) The Court must, in deciding what order to make under this section, consider the following matters:
 (a) whether, having regard to the Attorney‑General's certificate, there would be a risk of prejudice to national security if:
 (i) where the certificate was given under subsection 26(2) or (3)—the information were disclosed in contravention of the certificate; or
 (ii) where the certificate was given under subsection 28(2)—the witness were called;
 (b) whether any such order would have a substantial adverse effect on the defendant's right to receive a fair hearing, including in particular on the conduct of his or her defence;
 (c) any other matter the court considers relevant.
 (8) In making its decision, the Court must give greatest weight to the matter mentioned in paragraph (7)(a).