Legislation – Coroners and Justice Act 2009
Changes to legislation:
There are currently no known outstanding effects for the Coroners and Justice Act 2009, Section 93.
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Part 3Criminal evidence, investigations and procedure
Chapter 2Anonymity of witnesses
Discharge and variation
93Discharge or variation by appeal court
(1)
This section applies if—
(a)
a court has made a witness anonymity order in relation to a witness in criminal proceedings (“the trial proceedings”), and
(b)
a defendant in the trial proceedings has in those proceedings—
(i)
been convicted,
(ii)
been found not guilty by reason of insanity, or
(iii)
been found to be under a disability and to have done the act charged in respect of an offence.
(2)
The appeal court may in proceedings on or in connection with an appeal by the defendant from the trial proceedings discharge or vary (or further vary) the order if it appears to the court to be appropriate to do so in view of—
(a)
the provisions of sections 88 and 89 that apply to the making of a witness anonymity order, and
(b)
such other matters as the court considers relevant.
(3)
The appeal court may not discharge or vary the order unless in the case of each party to the trial proceedings—
(a)
it has given the person the opportunity to be heard, or
(b)
it is satisfied that it is not reasonably practicable to communicate with the person.
(4)
But subsection (3) does not prevent the appeal court hearing one or more of the parties to the trial proceedings in the absence of a person who was a defendant in the trial proceedings and that person’s legal representatives, if it appears to the court to be appropriate to do so in the circumstances of the case.
(5)
In this section a reference to the doing of an act includes a reference to a failure to act.
(6)
“Appeal court” means—
(a)
the Court of Appeal,
(b)
the Court of Appeal in Northern Ireland, or
(c)
the Court Martial Appeal Court.