Criminal procedure - Administration stage
Publication Number:
Detailed table of contents
Summary
First appearance
Second appearance
Entering a plea
Special pleas
Remands, adjournments and holding charges
Crown involvement
Protocol offences
Suppression of names and information before the court
Automatic suppression
Suppressing defendant details
Suppressing other persons’ details, evidence or submissions
Clearing the court
Suppression of names and information before the court
This section contains the following topics:
Overview of suppression provisions
Offences relating to suppression
Related information
Overview of suppression provisions
The
CPA (sections 194 - 211) provides the legislative framework and guidelines for the
publication or suppression of names and other particulars of criminal proceedings before
the courts.
The provisions build upon case law and the public expectation that justice and judicial
proceedings should be open, transparent and consistent with the right of the media to
report fairly and accurately.
While recognising that the principle of “open justice” should prevail, the CPA also
provides for situations where information should be restricted automatically or when the
court is satisfied sufficient grounds exist for information to be suppressed.
In addition to the prosecutor and defendant, members of accredited media have a
statutory right to be heard in court with regard to suppression orders and may also
appeal the decision of the court.
Although interim suppression orders are most common in the early administrative stage
of proceedings, suppression of names and evidence may be ordered at any stage
through to the final disposition of the charge.
When making, varying or revoking a suppression order, the court must give reasons for
its decision in open court
(s207). However, the court may, if it is satisfied that
exceptional circumstances exist, decline to state in public all or any facts, reasons, or
other considerations taken into account to reach the decision.
Offences relating to suppression
It is an offence to…
Maximum penalty
knowingly or recklessly publish details in
6 months imprisonment (individual), or
breach of a suppression order or of
$100,000 fine (body corporate).
automatic suppression
(
s 211(1))
publish in breach of a suppression order
$25,000 fine (individual), or
or of automatic suppression (not
$50,000 (body corporate)
necessary to prove intent or recklessness) (This does not apply to a person that
hosts websites or other electronic
retrieval systems unless the material is
placed or entered by that person).
(s211(2))
Related information
See also:
Automatic suppression
Suppressing defendant details
Suppressing other persons details, evidence or submissions
in this chapter.
Automatic suppression
This section contains the following topics:
Prohibition against publishing names in specified sexual cases
Automatic protection of identity of child victims and witnesses
Orders restricting disclosure of information about bail
Prohibition on publishing details of a sentence indication
Related information
Prohibition against publishing names in specified sexual cases
Section
201 of the CPA automatically prohibits the publication of the defendant’s details
for offending under section
130 or 131 of the Crimes Act 1961 (incest or sexual conduct
with family members).
Section
203 of the CPA prohibits the publication of the name or particulars leading to the
identification of any person upon or with whom a specified sexual offence (ss 128 - 142A
or 144A of the
Crimes Act 1961) has been or is alleged to have been committed unless:
that person is of or over the age of 18 years, and
the court, by order, permits such publication.
A complainant in prosecutions relating to the above specified sexual offences, once they
have reached the age of 18 years, may apply to the court for an order permitting the
publication of their name or identifying particulars, or those of the offender, if the court
is satisfied they understand the nature and effect of their decision. Where the offending
is incest or sexual conduct with a family member and involves multiple complainants, the
court must be satisfied that all complainants consent to the publication.
Automatic protection of identity of child victims and witnesses
Section
204 CPA prohibits the publication of the name, address, or occupation of any
person under the age of 18 years who is a complainant or witness in criminal
proceedings.
Despite the general prohibition on publication of the details of child complainants, the
details of a child who died as a result of the offence may be published.
A complainant or witness in a proceeding may apply to the court for an order permitting
the publication of their details once they have reached the age of 18 years and the court
is satisfied that they understand the nature and effect of their decision.
Orders restricting disclosure of information about bail
Section
19 of the Bail Act 2000 prohibits the publication of a report or account of any
matters dealt with at a bail hearing apart from the following, unless specifically ordered
otherwise:
identity of the defendant applying for bail
charges faced by the defendant
decision of the court on the application
conditions of bail, if bail is granted.
Despite the above, the court may make an order specifically permitting the publication of
any other details.
The general prohibition and any additional prohibition ordered by the court remains in
force, unless the court directs otherwise, until the expiry of any appeal period or appeal
following the conclusion of a prosecution.
Prohibition on publishing details of a sentence indication
Details relating to a request for a sentence indication, or the indication given, may not
be published before a defendant is sentenced or the charge is dismissed.
(s63) See also
‘Sentence indications’ in the ‘Review stage (CMM)’ chapter).
Related information
See also
‘Suppressing defendant details’ and
‘Suppressing other persons details,
evidence or submissions’ in this chapter.
Suppressing defendant details
This section contains the following topics:
Power to suppress defendant details
- Community Magistrates and Justices
Interim suppression - first appearance
Further suppression - limited period or permanent
- Victim’s views on suppression
- Duration of orders
- Defendants completing diversion
Diagram: Defendant suppression
Related information
Power to suppress defendant details
The court may prohibit the publication of the defendant’s name (including particulars
likely to lead to their identification), address and occupation, in addition to any
automatic suppression for
specified sexual cases. In prohibiting the publication of details, the court must be satisfied to the standard
required by section
200 that an order should be granted.
Any order for suppression may be revoked, reviewed or varied by the court at any time
and the reasons for making, varying, or revoking the order must be given in open court.
The court may decline to state in public any fact, reason or other consideration, if it is
satisfied that exceptional circumstances exist.
Community Magistrates and Justices
Community Magistrates (CMs) and Justices (JPs) may make interim and final
suppression orders in any matter for which they have full or sentencing jurisdiction.
For matters outside the full or sentencing jurisdiction, a CM or JP may grant interim
suppression at a first appearance. The granting or renewing of a suppression order at a
subsequent appearance by a CM or JP may only be made if both parties agree. A
suppression order made by a CM or JP for a matter outside their full or sentencing
jurisdiction is only valid for 28 days from the date the order was made.
(s362)
Interim suppression - first appearance
The court may order the interim suppression of the defendant’s details until the next
court appearance if an arguable case is presented showing that publication would be
likely to:
cause extreme hardship to the person charged with, or convicted of, or acquitted of the
offence, or any person connected with that person
cast suspicion on another person that may cause undue hardship to that person
cause undue hardship to any victim of the offence
create a real risk of prejudice to a fair trial
endanger the safety of any person
lead to the identification of another person whose name is suppressed by order or by
law
prejudice the maintenance of the law, including the prevention, investigation, and
detection of offences
prejudice the security or defence of New Zealand.
Note: The fact that a defendant is well known does not of itself, mean that publication of
their name will result in extreme hardship.
Initial orders by registrars
A registrar may make an interim suppression order at the first appearance, if the matter
is to be adjourned and all parties consent. An order granted by a registrar is only valid
for 28 days. However, the registrar may renew interim suppression at the expiry of the
28 days if the next appearance has not occurred.
(
ss200, 206, 208(1)(b))
Further suppression - limited period or permanent
The court may order ongoing suppression of the defendant’s details for a limited period
or permanently, if it is satisfied that publication would be likely to result in any of the
consequences listed under
‘Interim suppression- first appearance’ above.
Victim’s views on suppression
The court must take into account any views of a victim before ordering permanent name
suppression. Prosecutors must
make all reasonable efforts to ensure any views the
victim has on the application are ascertained and must inform the court of those views.
(s28 Victims’ Rights Act 2002)
Duration of orders
Prosecutors must be vigilant in clarifying the duration of the suppression order when it is
made. If the term of a suppression order is not specified by the court, it has permanent
effect.
The court may revoke permanent name suppression at any time.
Defendants completing diversion
If a defendant successfully complete
s diversion and seeks permanent name suppression,
they must apply to the court for consideration and determination as above. A defendant,
having completed diversion, will not be able to have permanent name suppression
granted by a registrar.
Diagram: Defendant suppression
This diagram summarises the defendant details suppression process.
Related information
See also
‘Automatic suppression’ and
‘Suppressing other persons details, evidence or
submissions’ in this chapter.
Suppressing other persons’ details, evidence or
submissions
This section contains the following topics:
Suppression of witness, victim, or connected person details
When can evidence and submissions be suppressed?
Related information
Suppression of witness, victim, or connected person details
In addition to th
e automatic suppression provisions of the Act, other witnesses, victims
and connected persons (those connected with the proceedings or the defendant) may
have their details suppressed.
(s202) The court may make an order prohibiting the publication of the name, address, or
occupation of a victim or witness of or over 18 years of age or of a connected person if
satisfied that publication would be likely to:
cause undue hardship to the witness, victim, or connected person
create a real risk of prejudice to a fair trial
endanger the safety of any person
lead to the identification of another person whose name is suppressed by order or by
law
prejudice the maintenance of the law, including the prevention, investigation, and
detection of offences
prejudice the security or defence of New Zealand.
Duration of orders
Any suppression order relating to a witness, victim or connected person other than
automatic suppression may be for a limited period or permanent. Any order may be
renewed, varied or revoked at any stage. If a specific period is not specified, the order is
considered permanent.
When can evidence and submissions be suppressed?
The court may make an order forbidding the publication of any report or account of the
whole or any part of the evidence adduced or submissions made in any proceedings, if
the court is satisfied that publication is likely to:
cause undue hardship to any victim of the offence
create a real risk of prejudice to a fair trial
endanger the safety of any person
lead to the identification of another person whose name is suppressed by order or by
law
prejudice the maintenance of the law, including the prevention, investigation, and
detection of offences
prejudice the security or defence of New Zealand.
It is important that the prosecutor is made aware of any of the above issues that may be
present, so that an application for suppression can be made, if required.
Duration of orders
Any suppression order relating to evidence or submissions may be for a limited period
stated by the court or permanent. If a specific period is not specified, the order is
considered permanent.
Any order may be renewed, varied or revoked at any stage.
Related information
See also
‘Automatic suppression’ and
‘Suppressing defendant details’ in this chapter.
