Subject to section 40(4)(b), if an operative in respect of whom a
witness identity protection certificate has been filed in court in relation to
proceedings gives evidence in the proceedings, the court must (unless it
considers it inappropriate) direct the jury not to give the operative's
evidence any more or less weight, or draw any adverse inferences against the
defendant or another party to the proceedings because the certificate has been
filed or the court has made an order under section 38.