Criminal Evidence (Witness Anonymity) Act 2008

Supplementary

12 Interpretation

(1) In this Act—

• “court” means—

  (a)

  in relation to England and Wales, a magistrates' court, the Crown Court or the criminal division of the Court of Appeal;

  (b)

  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

  (c)

  a service court;

• “criminal proceedings” means—

  (a)

  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;

  (b)

  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.

13 Commencement

This Act comes into force on the day on which it is passed.

14 Expiry of power to make witness anonymity orders

(1) No witness anonymity order may be made under this Act after the relevant date.

(2) Subject to subsection (3), the relevant date is 31 December 2009.

(3) The Secretary of State may by order provide for the relevant date to be a date specified in the order that falls not more than 12 months after—

(a) 31 December 2009, or

(b) (if an order has already been made under this subsection) the date specified in the last order.

(4) Nothing in this section affects—

(a) the continuation in effect of a witness anonymity order made before the relevant date, or

(b) the power to discharge or vary such an order under section 6.

(5) An order under subsection (3)—

(a) is to be made by statutory instrument; and

(b) may not be made unless a draft of the instrument containing the order has been laid before and approved by a resolution of each House of Parliament.

15 Short title and extent

(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.