Section 271W Appeal against the making of a witness anonymity orderC1 F1

Scotland

(1)

This section applies where—

(a)

an appeal is brought under section 271V(1)(a) against the making of a witness anonymity order, and

(b)

the F2court hearing the appeal determines that the decision of the judge at first instance was wrong in law.

(2)

The F3court hearing the appeal must discharge the order and the trial is to proceed as if the order had not been made.

Annotations

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.
F2: Words in s. 271W(1)(b) substituted (22.9.2015) by The Courts Reform (Scotland) Act 2014 (Consequential Provisions No. 2) Order 2015 (S.S.I. 2015/338), art. 1, sch. 2 para. 5(11) (with art. 4)
F3: Words in s. 271W(2) substituted (22.9.2015) by The Courts Reform (Scotland) Act 2014 (Consequential Provisions No. 2) Order 2015 (S.S.I. 2015/338), art. 1, sch. 2 para. 5(11) (with art. 4)

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.