Criminal Evidence (Witness Anonymity) Act 2008 Introduction New rules relating to anonymity of witnesses 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Witness anonymity orders Witness anonymity orders 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Applications 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Conditions for making order 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Relevant considerations 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Discharge or variation of order 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Warning to jury 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Special provisions for service courts 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Application of provisions etc. Proceedings to which new rules apply 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pre-commencement anonymity orders: existing proceedings 10 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 In this section— “ commencement ” means the day on which this Act is passed; “ pre-commencement anonymity order ” means an order made before commencement that falls within section 1(2). Pre-commencement anonymity orders: appeals 11 1 This section applies where— a an appeal court is considering an appeal against a conviction in criminal proceedings in a case where the trial ended 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 appeal court— a may not treat the conviction as unsafe solely on the ground that the trial court had no power at common law to make the order mentioned in subsection (1)(b), but b must treat the conviction as unsafe if it considers— i that the order was not one that the trial court could have made if this Act had been in force at the material time, and ii that, as a result of the order, the defendant did not receive a fair trial. 3 In this section— “ appeal court ” means— the Court of Appeal; the Court of Appeal in Northern Ireland; or the Courts-Martial Appeal Court or the Court Martial Appeal Court; “commencement” and “pre-commencement anonymity order” have the meanings given by section 10(8). Supplementary Interpretation 12 1 In this Act— “ court ” means— in relation to England and Wales, a magistrates' court, the Crown Court or the criminal division of the Court of Appeal; in relation to Northern Ireland, a magistrates' court, the Crown Court, a county court exercising its criminal jurisdiction or the Court of Appeal in Northern Ireland; or a service court; “ criminal proceedings ” means— in relation to a court within paragraph (a) or (b) above, criminal proceedings consisting of a trial or other hearing at which evidence falls to be given; in relation to a service court, proceedings in respect of a service offence consisting of a trial or other hearing at which evidence falls to be given; “ the defendant ”, in relation to any criminal proceedings, means any person charged with an offence to which the proceedings relate (whether or not convicted); “ prosecutor ” means an individual or body charged with duties to conduct criminal prosecutions; “ service court ” has the meaning given by subsection (2); “ service offence ” has the meaning given by subsection (3); “ witness ”, in relation to any criminal proceedings, means any person called, or proposed to be called, to give evidence at the trial or hearing in question; “ witness anonymity order ” has the meaning given by section 2. 2 In this Act “ service court ” means— a a court-martial constituted under the Army Act 1955 (3 & 4 Eliz. 2 c. 18), the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or the Naval Discipline Act 1957 (c. 53) or the Court Martial established by the Armed Forces Act 2006 (c. 52); b the Summary Appeal Court established by any of those Acts; c a Standing Civilian Court established under the Armed Forces Act 1976 (c. 52) or the Service Civilian Court established by the Armed Forces Act 2006; or d the Courts-Martial Appeal Court or the Court Martial Appeal Court. 3 In this Act “ service offence ” means— a any offence against any provision of Part 2 of the Army Act 1955, Part 2 of the Air Force Act 1955 or Part 1 of the Naval Discipline Act 1957; or b any offence under Part 1 of the Armed Forces Act 2006. Commencement 13 This Act comes into force on the day on which it is passed. Expiry of power to make witness anonymity orders 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Short title and extent 15 1 This Act may be cited as the Criminal Evidence (Witness Anonymity) Act 2008. 2 Subject to subsection (3), this Act extends to England and Wales and Northern Ireland. 3 The service courts provisions of this Act extend to England and Wales, Scotland and Northern Ireland; and in section 384 of the Armed Forces Act 2006 (c. 52) (extent to Channel Islands etc.) any reference to that Act includes a reference to the service courts provisions of this Act. 4 In subsection (3) “ the service courts provisions of this Act ” means the provisions of this Act so far as having effect in relation to service courts.