Criminal Evidence (Witness Anonymity) Act 2008

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.