SCHEDULE 5WITNESS ANONYMITY ORDERS: TRANSITIONAL
Interpretation
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In this schedule—
“commencement” means the day on which section 90 comes into force,
“pre-commencement anonymity order” means an order made by a court before commencement under any rule of law relating to the power of the court to make an order for securing that the identity of a witness in criminal proceedings is withheld from the accused (or, on a defence application, from other accused),
“witness anonymity order” has the meaning given by section 271N of the 1995 Act.
Pre-commencement anonymity orders: appeals
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1
This paragraph applies where—
a
the High Court of Justiciary is considering an appeal against a conviction in a case where the trial began before commencement, and
b
the court from which the appeal lies (“the trial court”) made a pre-commencement anonymity order in relation to a witness at the trial.
2
The High Court—
a
may not quash the conviction solely on the ground that the trial court had no power under any rule of law to make the order mentioned in sub-paragraph (1)(b), but
b
must quash the conviction if it considers that, as a result of the order, the accused did not receive a fair trial.