SCHEDULE 5WITNESS ANONYMITY ORDERS: TRANSITIONAL

(introduced by section 90(5))

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.