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(1)This section has effect in relation to criminal proceedings in cases where—
(a)the trial or hearing has begun, but has not ended, before commencement, and
(b)the court has made a pre-commencement anonymity order in relation to a witness at the trial or hearing.
(2)Subsection (3) applies if the witness has not begun to give evidence under the terms of that order before commencement.
(3)In such a case the court—
(a)must consider whether that order was one that the court could have made if this Act had been in force at the material time,
(b)if it considers that that order was one that it could have made in those circumstances, may direct that the order is to remain in place, and
(c)otherwise, must discharge the order and consider whether instead it should make a witness anonymity order in relation to the witness in accordance with sections 2 to 5.
(4)Any witness anonymity order made by virtue of subsection (3)(c) must be made so as to come into effect immediately on the discharge of the pre-commencement anonymity order.
(5)Subsections (6) and (7) apply if the witness began before commencement to give evidence under the terms of the order mentioned in subsection (1)(b) (whether or not he or she has finished doing so).
(6)In such a case the court must consider whether the effect of that order is that the defendant has been prevented from receiving a fair trial, having regard (in particular) to—
(a)whether the order was one that the court could have made if this Act had been in force at the material time, and
(b)whether the court should exercise any power to give a direction to the jury (if there is one) regarding the evidence given under the terms of the order.
(7)If the court determines that the defendant has been prevented from receiving a fair trial, it must give such directions as it considers appropriate for and in connection with bringing the trial or hearing to a conclusion.
(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).
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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.
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