Search Legislation

Criminal Evidence (Witness Anonymity) Act 2008

What Version

 Help about what version

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally enacted).

Supplementary

12Interpretation

(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.

13Commencement

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

14Expiry 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.

15Short 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.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources