Tuesday, July 19, 2005
Name Suppression
I am actually getting a little (a lot actually) tired of name suppression in criminal cases.
Please don't lecture me on the respective merits of each side of the argument. I have heard it all before.
The Law Commission thinks these should be the rules:
Name suppression in criminal cases
R155 Publication of identifying details of a person charged with an offence before they appear in court should be prohibited unless the person consents.
R156 After a person is charged, there should be a general presumption that publication of their name or identifying particulars should be prohibited until the substance of the case is gone into by the court. Exceptions should be made in certain circumstances.
R157 Where a request for name suppression of a victim in criminal proceedings is made, that request should be granted unless it would not be in the interests of justice to do so.
What has got me stirred up is the Mt Maunganui case (link) and this case.
I think this principle needs serious attention. There should either be blanket prohibition or blanket publication. Soon the internet will take this issue over. If it hasn't done so already.
Please don't lecture me on the respective merits of each side of the argument. I have heard it all before.
The Law Commission thinks these should be the rules:
Name suppression in criminal cases
R155 Publication of identifying details of a person charged with an offence before they appear in court should be prohibited unless the person consents.
R156 After a person is charged, there should be a general presumption that publication of their name or identifying particulars should be prohibited until the substance of the case is gone into by the court. Exceptions should be made in certain circumstances.
R157 Where a request for name suppression of a victim in criminal proceedings is made, that request should be granted unless it would not be in the interests of justice to do so.
What has got me stirred up is the Mt Maunganui case (link) and this case.
I think this principle needs serious attention. There should either be blanket prohibition or blanket publication. Soon the internet will take this issue over. If it hasn't done so already.
