Criminal Procedure Act 2011

  • not the latest version
204 Automatic suppression of identity of child complainants and witnesses

(1)

Unless the court, by order, permits publication, no person may publish the name, address, or occupation of a person who is under the age of 18 years who—

(a)

is the complainant; or

(b)

is called as a witness in any proceeding in respect of an offence.

(2)

Despite subsection (1), the name, address, or occupation of a child who dies as a result of the offence may be published.

(3)

Nothing in subsection (1) prevents publication of the name of the defendant or the nature of the charge.

(4)

The court must make an order permitting any person to publish the name, address, or occupation of a complainant or witness, if—

(a)

the complainant or witness, having reached the age of 18 years, applies to the court for such an order; and

(b)

the court is satisfied that the complainant or witness understands the nature and effect of his or her decision to apply to the court for the order; and

(c)

in any case where publication of the identity of the complainant or witness may lead to the identification of the person who is charged with or convicted of the offence, no order or further order has been made under section 200 prohibiting publication of the identity of that person.

(5)

An order made under subsection (4) ceases to have effect if—

(a)

publication of the identity of the complainant or witness may lead to the identification of the person who is charged with or convicted of the offence; and

(b)

that person applies to a court for an order or further order under section 200 prohibiting publication of his or her identity; and

(c)

the court makes the order or further order under section 200.

Compare: 1985 No 120 s 139A