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Criminal Procedure Act 2011

General provisions - Public access and restrictions on reporting - Automatic suppression of previous convictions

199A: Automatic suppression of details of previous convictions

You could also call this:

"The court keeps your past convictions secret when you're on trial for some crimes."

Illustration for Criminal Procedure Act 2011

If you are charged with a category 3 or category 4 offence, the court automatically stops people from sharing details of your past convictions for other offences. This rule stays in place until the trial is over, the charge is dropped, or the court decides to lift it. The court can lift this rule or change it if they think it is necessary.

When you are on trial, the court can decide to let some information about your past convictions be shared. The court can make this decision on its own or because someone asked them to.

If information about your past convictions was already shared before the trial started, the court can still stop people from sharing more information if they decide to. The court can make an order under section 199B(1) to stop people from sharing this information.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS409626.

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Part 5General provisions
Public access and restrictions on reporting: Automatic suppression of previous convictions

199AAutomatic suppression of details of previous convictions

  1. Once a proceeding has commenced for a category 3 offence or a category 4 offence (offence A), no person may publish details of any of the defendant’s previous convictions for any other offence except as permitted by or under this section.

  2. The automatic suppression in subsection (1) remains in force, unless earlier lifted by the court, until—

  3. the jury delivers a verdict for offence A; or
    1. the charge for offence A is withdrawn, dismissed, stayed, or otherwise disposed of; or
      1. a Judge-alone trial starts for offence A.

        1. However, the court may, by order made on application or on its own initiative,—

        2. lift the suppression before the trial:
          1. vary the effect of the suppression by permitting the publication of any details as specified in the order.

            1. This section does not apply to information published before a proceeding is commenced, unless the court makes an order to that effect under section 199B(1).

            Notes
            • Section 199A: inserted, on , by section 29 of the Contempt of Court Act 2019 (2019 No 44).