Name Suppression until Conviction: An argument in support of a return to s 45B of the Criminal Justice Act 1954

Abstract

A cornerstone of New Zealand’s justice system is the principle of “open justice”. The courts are open to the public and the media is free to report on proceedings. The by product of this is the presumption against name suppression being granted, particularly in the criminal jurisdiction. This however was not always the case and for ten months between September 1975 and July 1976 blanket suppression of an accused’s name and identifying particulars until conviction, was a reality.

This paper argues that a return to legislation of that kind is warranted particularly in light of the changing media landscape which includes instantatneous media reporting and the permanent effect of the internet. This author concludes that a return to liberal name suppression laws would not equate to an unjustified limitation on the freedom of expression, nor would it erode the principle of open justice.