301.The restriction imposed by section 106A(1) can also be dispensed with if a person, who is a victim of an offence, is convicted of certain offences (“relevant offences”). The restriction is not, however, dispensed with automatically on conviction of a relevant offence. It is for the convicting court to decide whether to do this, and it may do so if satisfied (a) that there is a connection between the conduct of which the person has been convicted and the allegation that the person was the victim of an offence listed in section 106A(5), and (b) that it is in the interests of justice to dispense with the restriction.
302.The relevant offences which can trigger the restriction under section 106A(1) being dispensed with are perjury, attempting to pervert the course of justice and making false statements and declarations (under section 44 of the Criminal Law (Consolidation) (Scotland) Act 1995).
Crown Application Anonymity for victims Section 106C – power to dispense with restriction: conviction for relevant offence