the High Court of Justiciary is considering an appeal against a conviction in a case where the trial began before commencement, and

the court from which the appeal lies (“the trial court”) made a pre-commencement anonymity order in relation to a witness at the trial.

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

must quash the conviction if it considers that, as a result of the order, the accused did not receive a fair trial.