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CRIMINAL LAW

Suppression of Name.

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Everyone wants suppression of name. 

Most people try. 

Not many succeed.

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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"What do you do if you actually arrest someone?
David K - Timaru.

Netlaw replies - You must deliver that person forthwith to a Police officer. You must not use unreasonable force."

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"I am a retired Solicitor from Kent in England and the $45 I spent on your site was really helpful because I am intending settling in New Zealand and your "one stop shop" was a real boon to me. Thanks again. Arnold T. Devon, England"
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"Well set out and helpful. I now know just how far you can, and cannot go. I was amazed that you cannot "strike" someone if you are only defending yourself as opposed to your property. Good stuff Netlaw! James W. Auckland May 2006"
"Yes . . . interesting. Trev, Bay of Plenty. April 2006"
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"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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"Is it possible to get a discharge without conviction on a dangerous driving or reckless driving charge? Thanks

Netlaw replies: Yes, it is possible, but very difficult. There would have to be very special reasons like driving in an emergency situation."

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"I found all your criminal law topics fascinating. I may become a criminal myself just to use your site. Nah, only joking but I liked Self Defence, Citizens Arrest and Drink Driving and Demerit Points.

Henk - Waikato"

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"WOW . . . a great site. This topic alone is worth the entry fee. I also did my own will and had it checked by a lawyer neighbour and he said it was perfectly OK. Matt G."
"I agree heaps. I actually followed this topic to the letter and got my limited licencemyself. It took a couple of weeks but reckon it could be done in a week. Everything you said happened. The cops were good and the judge was very nice. I only had to mumble "thank you". Noel G.
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"Received phone call from the police today, they have told me they will NOT oppose anything set out in my limited licence application. They were very impressed that I had done all the work myself. Thanks NETLaw - Jake, Christchurch.

Netlaw replies: Thank you for teling us. We have had a similar letter from Auckland Central."

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"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"
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"Great stuff. Helped me understand the police powers. Also good stuff on other criminal law topics. Manu - Papatoetoe"
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