203Automatic suppression of identity of complainant in 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 or any other offence against a person that the court determines is of a sexual nature.

2. The purpose of this section is to protect the complainant’s privacy and support the complainant’s autonomy in connection with the publication of their details.

3. No person may publish the name, address, or occupation of the complainant, unless—

4. the complainant is aged 18 years or older; and
5. the court, by order, permits such publication.

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

7. the complainant—
   1. 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
   2. applies to the court for such an order in accordance with the Criminal Procedure Rules 2012; and
8. 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
9. 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.

10. The court, when determining whether to make an order under subsection (3), must take into account any views of the complainant in respect of the publication of their details.

11. An order made under subsection (3)(b) ceases to have effect if—

12. 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
13. that person applies to a court for an order or further order under section 200 prohibiting publication of his or her identity; and
14. the court makes the order or further order under section 200.