s.21Common law anonymity orders
21
Section 21Part 4 — Miscellaneous

Common law anonymity orders

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This section has effect in relation to criminal proceedings in cases where —
the trial or hearing has begun, but has not ended, before commencement of this Law; and
the court has made a common law anonymity order in relation to a witness at the trial or hearing.
Subsection (3) applies if the witness has not begun to give evidence under the terms of that order before commencement of this Law.
In a case where the witness has not begun to give evidence, the court —
shall consider whether that order was one that the court could have made if this Law had been in force at the material time; and
may, if it considers that that order was one that it could have made in those circumstances, direct that the order is to remain in place; or
shall, if it believes that that order was not an order that could have been made if the Law was in force, discharge the order and consider whether instead it should make a witness anonymity order in relation to the witness in accordance with sections 11 to 14.
A witness anonymity order made by virtue of subsection (3)(c) shall be made so as to come into effect immediately on the discharge of the common law anonymity order.
Where a witness began to give evidence under the terms of the common law anonymity order before the commencement of the Law, subsections (6) and (7) shall apply whether or not he has finished doing so.
In a case where a witness has begun to give evidence pursuant to a common law anonymity order, the court shall consider whether the effect of that order is such that the defendant has been prevented from receiving a fair trial, having regard, in particular to —
whether the order was one that the court could have made if this Law had been in force at the material time; and
whether the court should exercise any power to give a direction to the jury, if there is one, regarding the evidence given under the terms of the order.
If the court determines that the defendant has been prevented from receiving a fair trial, it shall give such directions as it considers appropriate for and in connection with bringing the trial or hearing to a conclusion.

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