SUPPRESSING NAMES.

Press, Volume LXI, Issue 18400, 5 June 1925, Page 8

SUPPRESSING NAMES.

A MAGISTRATE'S VIEWS.

(SFECXM. TO "THE rRE3S.")

AUCKLAND, Juno 4

"The Court, is right and the critics are wrong" was the opinion expressed by Mr E. C. Cutten. P.M., in referring: to the suppression of the names of offenders convicted in Courts, in the omirse of an address to the Chamber of Commerce. Mr Cutten said ho 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 Teally not a discretion at all," said Mr Cutten. "Our discretions have to bo exercised judicially, and if they are not there is the upper Court to keep check. In the suppression of names a Magistrato must give weight to tho facts of tho case and to all the circumstances. I have heard it suggested that Magistrates do not seem to havo a unanimous or a defined policy on this question, and that they should confer and formulate, a rule which could bo generally applied. The exercise of reasonable discretion in these cases is extremely burdensome, and no one would bo as glad as Magistrates themselves if a rule could bo made, but it cannot bo 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 bo embraced in a single instruction. Ho pointed out that thero were four things to bo taken into consideration when an offender applied for the suppression of his name. Firstly, thore was the age of tho law-breaker. Then consideration had to bo given to tho fact of a first offence. Thirdly, tho nature of tho crimo had to bo considered, and lastly, great weight had to be given to possiblo excessivo punishmont resulting from publicity. "When you criticiso the exercise of a Magistrate's discretion, remember he may havo information which is not in your possession," said Mr Cutten. "A Magistrate has to bo absolutely unbiassed, his only interest boing that of the community. Before criticising us you must take everything into consideration."