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Criminal Justice and Licensing (Scotland) Act 2010

Schedule 5 – Witness anonymity orders: transitional

866.This Schedule deals with appeals on the granting of witness anonymity orders made under common law powers prior to the provisions under 271N to 271T coming into effect. The High Court can only quash a conviction if, as a result of an order made under common law, the accused did not receive a fair trial. It cannot quash a conviction simply on the basis that the trial court had no power to make a witness anonymity order under common law.

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Text created by the Scottish Government 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 Acts of the Scottish Parliament except those which result from Budget Bills.


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