109Effect of certificate under section 108

1. If, in any proceeding to which section 108 applies, the Commissioner of Police files a certificate under section 108 relating to any witness, the following provisions apply:

2. if a witness is subsequently called for the prosecution and states that, during the period specified in the certificate, he or she was a member of the Police and acted as an undercover Police officer under the name specified in the certificate, it must be presumed, in the absence of proof to the contrary, that the certificate has been given in respect of that witness:
3. it is sufficient if the witness is identified by the name by which the witness was known while acting as an undercover Police officer, and, except if leave is given under paragraph (d), the witness must not be required to state his or her true name or address, or to give any particulars likely to lead to the discovery of that name or address:
4. except if leave is given under paragraph (d), no lawyer, officer of the court, or other person involved in the proceeding may state in court the true name or the address of the witness, or give any particulars likely to lead to the discovery of that name or address:
5. no evidence may be given, and no question may be put to the witness, or to any other witness, relating directly or indirectly to the true name or the address of the witness, except by leave of the Judge:
6. on an application for leave under paragraph (d), the certificate is, in the absence of evidence to the contrary, sufficient evidence of the particulars stated in it.

7. The Judge may not grant leave under subsection (1)(d) unless the Judge is satisfied—

8. that there is some evidence before the Judge that, if believed by the jury, could call into question the credibility of the witness; and
9. that it is necessary in the interests of justice that the defendant be enabled to test properly the credibility of the witness; and
10. that it would be impracticable for the defendant to test properly the credibility of the witness if the defendant were not informed of the true name or the true address of the witness.

11. An application for leave under subsection (1)(d)—

12. may be made from time to time and at any stage of the proceeding; and
13. must, where practicable, be made and dealt with in chambers; and
14. if the application is made during the trial before a jury, must be dealt with and determined by the Judge in the absence of the jury.

15. If the Commissioner of Police gives a certificate under section 108 in respect of any witness, the Commissioner must serve a copy of the certificate on the defendant, or on any lawyer acting for the defendant, at least 14 days before the witness is to give evidence.