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Criminal Procedure Act 2011

General provisions - Public access and restrictions on reporting - Temporary suppression of trial-related information

199C: Court may temporarily suppress trial-related information

You could also call this:

"Court can keep some information secret to help you have a fair trial"

Illustration for Criminal Procedure Act 2011

If you are in a court case, the court can stop people from sharing certain information. This is to make sure you get a fair trial. The court can do this if they think sharing the information would be unfair to you. The information they can stop includes details about your character, your past convictions, or other charges against you. The court can also stop information about other people involved in the case, like witnesses or victims, from being shared.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS409654.

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Part 5General provisions
Public access and restrictions on reporting: Temporary suppression of trial-related information

199CCourt may temporarily suppress trial-related information

  1. If a court is satisfied that publication of the information would be likely to create a real risk of prejudice to a fair trial, the court may make an order forbidding publication of any of the following information for any period that the court thinks necessary for that purpose:

  2. any specific information relating to matters of character of the defendant:
    1. any specific information relating to the previous convictions or matters of character of any person who—
      1. may be called as a witness; or
        1. may be a victim of the offence; or
          1. is connected with the defendant:
          2. any other offence that the defendant is also currently charged with:
            1. any other specific information in relation to any trial.

              1. Despite subsection (1), the court may make an interim order of the kind described in subsection (1) if the defendant advances an arguable case that publication would be likely to create a real risk of prejudice to a fair trial.

              2. An interim order under subsection (2)—

              3. may be made or renewed only in the absence of an order made under subsection (1); and
                1. may be renewed only if the court is satisfied that publication would be likely to create a real risk of prejudice to a fair trial; and
                  1. expires at the defendant’s next court appearance for the offence.

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