The Right to Protection:
Identity Protection

Victims have the right to request that their identity be protected if they are a complainant in respect of the service offence or a witness in proceedings relating to the service offence.

Protection of victim/witness’ identity

In certain circumstances, a prosecutor, victim, or witness testifying at a court martial may request an order that information that could identify a victim or witness not be published by others, or that a witness’s identity not be disclosed in the hearing.

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Director of Military Prosecutions

The prosecutor will consider the victim’s views when the prosecutor discloses to the accused’s counsel information of a sensitive nature pertaining to the victim. The prosecutor will consider such steps as might be prudent to protect against inappropriate use or dissemination of the materials.

There also may be exceptional circumstances where a military judge may order the exclusion of the public, and order what the court determines necessary to protect the security of a witness. For example, a military judge may order that testimony take place outside the court room or behind a screen or other device, which would prevent the witness from seeing the accused person.

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