SUPPRESSING NAMES

Ashburton Guardian, Volume XLVI, Issue 10415, 5 June 1925, Page 8

SUPPRESSING NAMES

A MAGISTRATE'S V3SW3. AUCKLAND, June 4. "The Court is right and the critics are wrong," was the opinion expressed by Mr E. C. Cutten, S.M., in referr-1 ing to the suppression of the names of offenders convicted in. Courts, in the course, of an address to the Chamber of Commerce. Mr Cutten said lie was aware that members of the Chamber had been considering a complaint regarding a Magistrate's action in acceding to the recent request for the suppression of a name. "Like most discretions given to Magistrates, this power is really not a discretion at all," said Mr Cutten. "Our discretions have to be exercised judicially, and if they are not there is the upper Court to keep check. In the suppression of names, a Magistrate must give weight to the facts of the ease and to all the circumstances. I have heard it suggested that Magistrates do not seem to have a unanimous or a defined policy on this question, and that they should confer and formulate a rule which could be generally applied. The exercise of reasonable discretion in these cases is extremely burdensome, and no one would be as glad as Magistrates themselves if a rule could be made; but it cannot be done."

Mr Cutten said there were apparent reasons why a general rule could not be made for the guidance of the Bench. Circumstances in cases were so variable that they could not be embraced in a single instruction. He pointed out that there were four things to be taken into consideration when an offender applied for the suppression of his name. Firstly, there was the age of the law-breaker. Then consideration had to be given to the fact of a first offence. Thirdly, the nature of the crime had to be considered and, lastly, great weight had to be given to possible excessive punishment resulting from publicity. "When you criticise the exercise of a Magistrate's discretion,, remember he may have information which is not in your possession," said Mr Cutten. "A Magistrate has to be absolutely unbiassed, his only interest being that of the community. Before criticising . us, you must take everything into consideration."