Secret state: Victoria the suppression order capital of Australia

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Accused sex offenders, killers and kidnappers have all used the court system to try and hide their identity, and it’s a balancing act some lawyers argue we don’t always get right.

The names of people charged with serious criminal offences, including child sexual abuse and murder, are increasingly being withheld from the public – often absent of any evidence supporting their fight for anonymity.Legal experts all agree suppression orders have their place in an open and fair justice system, but some argue they are being handed out too willingly.

Already in 2024, the press has been notified of 105 suppression orders – including broad, proceeding and interim orders – being made by judges and magistrates across Victoria, prompting anOf 105 suppression orders issued in Victoria since the start of the year – at Supreme, County and Magistrates courts – most banned reporting of certain features in a case, including the name of an accused person or witness.

“If I just think about how many suppression orders I’ve had to fight in Victoria versus other states, it’s 20-to-1,” he said.“Then the gangland war happened ... and it changed things here. It’s become a beast and it’s gotten worse and worse.

He said publication bans were fundamentally important in ensuring defendants received fair trials and for the protection of vulnerable people, including witnesses. O’Brien said Victoria remained a state where justice was too often dispensed in secret due to the overuse of suppression orders.

Source: Law Daily Report (lawdailyreport.net)

 

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