New South Wales Consolidated Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Previous]
[Next]
[Download]
[History]
[Help]
COURT SUPPRESSION AND NON-PUBLICATION ORDERS ACT 2010 - SECT 8
Grounds for making an order
8 Grounds for making an order
(1) A court may make a suppression order or non-publication order on one or
more of the following grounds-- (a) the order is necessary to prevent
prejudice to the proper administration of justice,
(b) the order is necessary
to prevent prejudice to the interests of the Commonwealth or a State or
Territory in relation to national or international security,
(c) the order is
necessary to protect the safety of any person,
(d) the order is necessary to
avoid causing undue distress or embarrassment to a party to or witness in
criminal proceedings involving an offence of a sexual nature (including sexual
touching or a sexual act within the meaning of Division 10 of Part 3 of the
Crimes Act 1900 ),
(e) it is otherwise necessary in the public interest for
the order to be made and that public interest significantly outweighs the
public interest in open justice.
(2) A suppression order or non-publication
order must specify the ground or grounds on which the order is made.
(3)
Despite subsection (1) (d), a court may make a suppression order or
non-publication order on the grounds that the order is necessary to avoid
causing undue distress or embarrassment to a defendant in criminal proceedings
involving an offence of a sexual nature only if there are exceptional
circumstances.
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback