We will give you the law and the procedures so that you understand exactly what you need to do to maximize your chances of getting suppression of name.
First of all, we provide you with a copy of the Section 140 of the Criminal Justice Act 1985 which gives the Courts the power to make an order for suppression of name.
140. Court may prohibit publication of names---
Except as otherwise expressly provided in any enactment, a court may make an order prohibiting the publication, in any report or account relating to any proceedings in respect of an offence, of the name, address, or occupation of the person accused or convicted of the offence, or of any other person connected with the proceedings, or any particulars likely to lead to any such person's identification.
Any such order may be made to have effect only for a limited period, whether fixed in the order or to terminate in accordance with the order; or if it is not so made, it shall have effect permanently.
If any such order is expressed to have effect until the determination of an intended appeal, and no notice of appeal or of application for leave to appeal is filed or given within the time limited or allowed by or under the relevant enactment, the order shall cease to have effect on the expiry of that time; but if such a notice is given within that time, the order shall cease to have effect on the determination of the appeal or on the occurrence or non-occurrence of any event as a result of which the proceedings or prospective proceedings are brought to an end.
The making under this section of an order having effect only for a limited period shall not prevent any court from making under this section any further order having effect either for a limited period or permanently.
Every person commits an offence and is liable on summary conviction to a fine not exceeding $1,000 who commits a breach of any order made under this section or evades or attempts to evade any such order.
What a mouthful !
You will see a lot of words above but you will be able to sort out what is relevant to you and what is not.
The important thing to note is that there is no guidance in the above section as to what facts are relevant or not relevant in deciding whether names should be suppressed.
That job has bee-
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"Dear Netlaw . . . it was really helpful to realise the difficultes in getting suppression of name and to get some of the caselaw. It allowed me to prepare a lot better. I had a silly shoplifting case but I am in my early thirties and I really wanted name suppression. You guys really helped. Also, you other sites are dazzling. Becs (not my real name)
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"I find this topic really helpful as well as all the topics under the "Weekend Arrest" topic. This is the sort of basic informatin which needs to be taught in schools. Don't you agree?"
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"Can a woman aged 54 with a 16 year old child who is neither attending school or any other form of education/training continue to claim the DPB and child support indefinitely or should the child be on a separate independant benefit? and what if the child does not claim a benefit, does this justify the mothers ongoing DPB claim? - Jenny
Netlaw replies - Yes . . . . You go on to what is called a "Woman Alone" Benefit designed to allow the single parent to continue to be supported when the kids become independent. You need to discuss your circumstances with WINZ. The child may be entitled to an Independent Youth benefit, but they are not automatic. Special circumstances need to apply. Play around on the WINZ Website. Just type winz website into Google or your internet explorer.
Here is a quote from the WINZ Website. -
"To get a Domestic Purposes Benefit you'll need to be a sole parent, or a caregiver of someone sick or infirm, or a woman alone of 50 years of age or older. You must:
be a New Zealand citizen or permanent resident
have lived in New Zealand continuously for two years or more at any one time since becoming a New Zealand citizen or permanent resident (except refugees with permanent residence)
normally live in New Zealand".
Cheers . . . Netlaw
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Feedback/Blogs/Reviews from related topic: Accessory After The Fact
"I was looking round Google to find something about representing myself and I found this and a number of your topics SPOT ON. Thanks. This one was great! Jon F. Auckland - May 2007"
"Thanks Netlaw. Rolf - Auckland"
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"Helped us greatly. We also looked through all your other criminal sites and have printed some off. Thanks Netlaw. Ali"
"Do we have to use the State paid "Youth Advocates"? Mrs H. (name withheld)
Netlaw replies - No, but you do have to pay for a lawyer of your choice UNLESS the case is so serious that it goes to the District Court or the High Court. Then, normal legal aid takes over where you can choose your own lawyer."
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