PART XII

Evidence

Witness anonymity orders

Relevant considerations
271S
1
When deciding whether Conditions A to D in section 271R are met in the case of an application for a witness anonymity order, the court must have regard to—
a
the considerations mentioned in subsection (2), and
b
such other matters as the court considers relevant.
2
The considerations are—
a
the general right of an accused in criminal proceedings to know the identity of a witness in the proceedings,
b
the extent to which the credibility of the witness concerned would be a relevant factor when the witness's evidence comes to be assessed,
c
whether evidence given by the witness might be material in implicating the accused,
d
whether the witness's evidence could be properly tested (whether on grounds of credibility or otherwise) without the witness's identity being disclosed,
e
whether there is any reason to believe that the witness—
i
has a tendency to be dishonest, or
ii
has any motive to be dishonest in the circumstances of the case,
having regard in particular to any previous convictions of the witness
, including any convictions by a court in any part of the United Kingdom or in any member State of the European Union,
and to any relationship between the witness and the accused or any associates of the accused,
f
whether it would be reasonably practicable to protect the witness's identity by any means other than by making a witness anonymity order specifying the measures that are under consideration by the court.
Words in s. 271S(2)(e) inserted (31.12.2020) by The Criminal Justice (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/339), regs. 1(3), 13(14) (with reg. 16)
Ss. 271N-271Z inserted (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 90(1), 206(1); S.S.I. 2011/178, art. 2, sch.
Ss. 271N-271Z applied (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 90(3)(4), 206(1); S.S.I. 2011/178, art. 2, sch.