Overuse of suppression orders erodes open justice

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Victoria has earned a reputation for having a culture of court secrecy. The Age believes there is insufficient oversight of the use of gag orders in courts.

It is a hallmark of our legal system that justice must not only be done, but it must be seen to be done.

Stephenson’s name and photos were published for a few hours, but abruptly removed from publication to comply with the interim order imposed by magistrate Michelle Mykytowycz after Stephenson’s defence lawyer argued his client was at risk of self-harm. Suppression orders can play a critical role in the administration of justice by helping to avoid prejudicing a jury when an accused is set to face trial, or protect sexual assault victims, vulnerable children, and the safety of witnesses in rare cases.

While judges reserve the power to dismiss spurious applications, magistrates in particular often lack the time to properly evaluate the detailed circumstances of their case due to huge daily caseloads, which can lead to excessive caution.

Source: Law Daily Report (lawdailyreport.net)

 

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