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Section 271X Appeal against the refusal to make a witness anonymity orderC1F1

Scotland

(1)

This section applies where—

(a)

an appeal is brought under section 271V(1)(c) against the refusal to make a witness anonymity order in relation to a witness in criminal proceedings, 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 make an order requiring such specified measures to be taken in relation to the witness in the proceedings as the court considers appropriate to ensure that the identity of the witness is not disclosed in or in connection with the proceedings.

Annotations

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.

F2

Words in s. 271X(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(12) (with art. 4)

F3

Words in s. 271X(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(12) (with art. 4)

Modifications

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.