Criminal Procedure (Scotland) Act 1995

[F1 271U Discharge and variation of order S

(1) This section applies where a court has made a witness anonymity order in relation to any criminal proceedings.

(2) The court may discharge or vary (or further vary) the order if it appears to the court to be appropriate to do so in view of the provisions of sections 271R and 271S that applied to the making of the order.

(3) The court may do so—

(a) on an application made by a party to the proceedings if there has been a material change of circumstances since the relevant time, or

(b) on its own initiative.

(4) The court must give every party to the proceedings the opportunity to be heard—

(a) before determining an application made to it under subsection (3)(a), and

(b) before discharging or varying the order on its own initiative.

(5) Subsection (4) does not prevent the court from hearing one or more of the parties to the proceedings in the absence of an accused and the accused's legal representatives, if it appears to the court to be appropriate to do so in the circumstances of the case.

(6) In subsection (3)(a) “the relevant time” means—

(a) the time when the order was made, or

(b) if a previous application has been made under that subsection, the time when the application (or the last application) was made.]

Textual Amendments

F1 Ss. 271N-271Z inserted (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 90(1), 206(1); S.S.I. 2011/178, art. 2, sch.

Modifications etc. (not altering text)

C1 Ss. 271N-271Z applied (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 90(3)(4), 206(1); S.S.I. 2011/178, art. 2, sch.