Immediate Review of Interim Name Suppression and Right of Appeal

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Problem
Name suppression is supposed to be about protecting the innocent Victim, but often it’s used by defence lawyers to suppress the name of the accused/offender for their own benefit.

If the victim has been named and/or identified publicly then name suppression of the accused is to be forbidden, unless Police deem the investigation would be assisted by having name suppression in place.

A review of the Criminal Procedure Act 2011 surrounding Interim Name Suppression must be done immediately.

Solution
We call on the Minister of Justice Andrew Little and Prime Minister Jacinda Ardern to review Interim Name Suppression in the Criminal Procedure Act 2011, with immediate effect.


*We request a complete review of the Criminal Procedure Act 2011 section 200.

If the defence argument is declined by the Judge, then the right to appeal must be void.

If the victim has been named and/or identified publicly then name suppression of the accused is to be forbidden, unless Police deem the investigation would be assisted by having name suppression in place.

If the victim has been named and/or identified publicly then name suppression of the accused is to be forbidden for the victim and families healing.

* We request the removal of the right to appeal a declined Name Suppression of the accused.
An entire review of the criminal procedure Act 2011, subpart 7, section 283 of the accused.


Personal story
Name suppression is supposed to be about protecting the innocent Victim, but often it’s used by defence lawyers to suppress the name of the accused/offender for their own benefit.

We hear about how the lifting of name suppression on the offender will adversely affect their life and work etc. But what about the victim’s right’s – the offender gave no thought to how their actions would adversely affect their victim’s life. Surely the victim has the right to have their story heard? The public have the right to know who the perpetrator is, in order to protect themselves and their families from that individual.

A recent case of name suppression was used purely for the accused. The victims name was already spread across international media channels, as were personal family photos and all information regarding the victim.

The family of the victim, the Police and media opposed interim name suppression of the accused. The Judge declined the interim name suppression.
The defence lawyer overturned the decision by Right of Appeal. The defence has 20 working days to lodge the appeal, to which they can have extended.

How does any of this go in favour of the victim when the victim’s name is already in the public?

We call on the Minister of Justice Andrew Little and Prime Minister Jacinda Ardern to review Interim Name Suppression in the Criminal Procedure Act 2011, with immediate effect.


*We request a complete review of the Criminal Procedure Act 2011 section 200.

If the argument of all subsections is declined, then the right to appeal must be void.

If the victim has been named and/or identified publicly then name suppression of the accused is to be forbidden, unless Police deem the investigation would be assisted by having name suppression in place.

If the victim has been named and/or identified publicly then name suppression of the accused is to be forbidden for the victim and families healing.

* We request the removal of the right to appeal a declined Name Suppression of the accused.

An entire review of the criminal procedure Act 2011, subpart 7, section 283 of the accused.
An accused may apply for name suppression and it may be granted, if the Judge believes there is sufficient evidence, that the accused will be at risk in any way or it may destroy their chance of fair trial.

Once a judge has considered all arguments they then make their decision. That should be a final decision.


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