PART XII

Evidence

Witness anonymity orders

Appeals
271V
1
The prosecutor or the accused may appeal to the
appropriate Appeal Court
against—
a
the making of a witness anonymity order under section 271N,
b
the kinds of measures that are required to be taken in relation to a witness under a witness anonymity order made under that section,
c
the refusal to make a witness anonymity order under that section,
d
the discharge of a witness anonymity order under section 271U,
e
the variation of a witness anonymity order under that section, or
f
the refusal to discharge or vary a witness anonymity order under that section.
2
The appeal may be brought only with the leave of the court of first instance, granted—
a
on the motion of the party making the appeal, or
b
on its own initiative.
3
The procedure in relation to the appeal is to be prescribed by Act of Adjournal.
4
If an appeal is brought under this section—
a
the period between the lodging of the appeal and its determination does not count towards any time limit applying in respect of the case,
b
the court of first instance or the
appropriate Appeal Court
may do either or both of the following—
i
postpone or adjourn (or further adjourn) the trial diet,
ii
extend any time limit applying in respect of the case.
5
An appeal under this section does not affect any right of appeal in relation to any other decision of any court in the criminal proceedings.
6
In this section, “appropriate Appeal Court” means—
a
in the case of an appeal under this section against a decision made in proceedings on indictment, the High Court;
b
in the case of an appeal under this section against a decision made in summary proceedings, the Sheriff Appeal Court.
Words in s. 271V(1) substituted (22.9.2015) by The Courts Reform (Scotland) Act 2014 (Consequential Provisions No. 2) Order 2015 (S.S.I. 2015/338), art. 1, sch. 2 para. 5(10)(a) (with art. 4)
Words in s. 271V(4)(b) substituted (22.9.2015) by The Courts Reform (Scotland) Act 2014 (Consequential Provisions No. 2) Order 2015 (S.S.I. 2015/338), art. 1, sch. 2 para. 5(10)(a) (with art. 4)
S. 271V(6) inserted (22.9.2015) by The Courts Reform (Scotland) Act 2014 (Consequential Provisions No. 2) Order 2015 (S.S.I. 2015/338), art. 1, sch. 2 para. 5(10)(b) (with art. 4)
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.