Act of Adjournal (Criminal Procedure Rules Amendment No. 3) (Miscellaneous) 2011

Witness anonymity orders

4.—(1) After Chapter 22 (evidence of vulnerable witnesses)(1) insert—

“CHAPTER 22A WITNESS ANONYMITY ORDERS

Application for witness anonymity order

22A.1.   An application under section 271P of the Act of 1995(2) for a witness anonymity order shall be in Form 22A.1.

Notice of application in summary proceedings

22A.2.   Notice for the purpose of section 271Q(2) of the Act of 1995 shall be in Form 22A.2.

Discharge and variation of witness anonymity order

22A.3.   An application under section 271U(3)(a) of the Act of 1995 to discharge or vary a witness anonymity order shall be made—

(a) by motion, at any hearing; or

(b) in Form 22A.3, at any other time.

Appeals

22A.4.— (1) Any appeal mentioned in section 271V of the Act of 1995 must be taken not later than seven days after the decision.

(2) The appeal shall thereafter be treated procedurally, so far as possible—

(a) in solemn proceedings, as if it were an appeal under section 74(1) of the Act of 1995;

(b) in summary proceedings, as if it were an appeal under section 174(1) of the Act of 1995.”.

(2) In the appendix after Form 22.15 insert the forms set out in Part 2 of the Schedule to this Act of Adjournal.

(1)

Chapter 22 substituted by S.S.I. 2005/188, last amended by S.S.I. 2006/76.

(2)

Sections 271N to 271Z inserted by section 90 of the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13).