Criminal Procedure Act 2011

201 Automatic suppression of identity of defendant in specified sexual cases

(1)

This section applies if a person is accused or convicted of an offence against section 130 or 131 of the Crimes Act 1961.

(2)

The purpose of this section is to protect the complainant.

(3)

No person may publish the name, address, or occupation of a person accused or convicted of an offence mentioned in subsection (1) unless the court, by order, permits that publication.

(4)

The court must make an order referred to in subsection (3) if—

(a)

the complainant (or, if there were 2 or more complainants, each complainant)—

(i)

is aged 18 years or older (whether or not he or she was aged 18 years or older when the offence was, or is alleged to have been, committed); and

(ii)

applies to the court for such an order; and

(b)

the court is satisfied that the complainant (or, as the case requires, each complainant) understands the nature and effect of his or her decision to apply to the court for the order; and

(c)

no order or further order has been made under section 200 prohibiting publication of the identity of the person convicted of the offence.

(5)

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

(a)

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

(b)

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

Compare: 1985 No 120 s 139(1AA), (2), (2A), (2B)