PART 18DISCIPLINE: MISCELLANEOUS
Witness anonymity orders179
1
In section 6(1) of the Criminal Evidence (Witness Anonymity) Act 200846 (discharge or variation of witness anonymity order), the reference to a court that has made a witness anonymity order in relation to any criminal proceedings is to be read—
a
in relation to an order made by a court-martial, as a reference to the Court Martial;
b
in relation to an order made by a Standing Civilian Court, as a reference to the Service Civilian Court; and
c
in relation to an order made by a summary appeal court, as a reference to the Summary Appeal Court.
2
Section 311 of AFA 2006 (certification of contempt to civil courts) applies if, in relation to a witness anonymity order made by a court-martial, a Standing Civilian Court or a summary appeal court, a person within section 309(6) of that Act does any act that would constitute contempt of court if the order had been made by a court having power to commit for contempt.
3
Where section 311 of AFA 2006 applies by virtue of paragraph (2) above—
a
in subsection (2) of that section, “the qualifying service court” means—
i
if the order was made by a court-martial, the Court Martial,
ii
if the order was made by a Standing Civilian Court, the Service Civilian Court, and
iii
if the order was made by a summary appeal court, the Summary Appeal Court,
and the definition of “qualifying service court” in subsection (5) of that section applies only for the purposes of subsection (4);
b
in that section, “the offence” means the act mentioned in paragraph (2) above.
4
In this article—
“act” includes an omission, and references to the doing of an act are to be read accordingly;
“witness anonymity order” has the same meaning as in the Criminal Evidence (Witness Anonymity) Act 2008.