203 Automatic suppression of identity of complainant in specified sexual cases

(1)

This section applies if a person is accused or convicted of an offence against any of sections 128 to 142A or 144A 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 the complainant, unless—

(a)

the complainant is aged 18 years or older; and

(b)

the court, by order, permits such publication.

(4)

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

(a)

the 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 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 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 (3)(b) ceases to have effect if—

(a)

publication of the identity of the complainant 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 139(1AA), (1), (1A)