# Criminal Justice and Licensing (Scotland) Act 2010, Paragraph 2


(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.

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Source: https://www.legislation.gov.uk/asp/2010/13/schedule/5/paragraph/2 (the official version)
Page: https://openlegislation.uk/criminal-justice-and-licensing-scotland-act-2010/schedule-5/paragraph-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.