SUPPRESSION OF NAMES

Poverty Bay Herald, Volume LIV, Issue 16704, 23 July 1928, Page 10

SUPPRESSION OF NAMES

MAGISTRATE EXPLAINS LIMITATIONS OF THE LAW An explanation of some of the reasons which prompt magistrates and judges to suppress the names of some offenders in' the law courts was given by Mr. E. h. Moslev, SAL. in an address on ■' Probation," to the Christchurch branch of the Howard League for Penal Reform. "The. section of the First Offenders' Probation Act which gives the power for the suppression of names has given the courts more trouble and difficulty than any other section of the Act," suit] Mr. Mosley. "Speaking as a magistrate, I would not he without the section, which must he administered with discretion. Personally, I think that a name- should not be published where the offender is pi" tender age, under 21 years, or in exceptional circumstances. This is one of the rules on which I work." When probation was extended to an offender, it might bo necessary, in the interests of such a person, to order the .suppression of his or her name, said Mr. Mosley. If the crime was of such a nature that in the public interest the name, should not be suppressed, it would be allowed to be published. Even some lawyers did not know that the court had' no- power to order suppression except in cases of offences punishable by imprisonment. In cases in which the penalty was a fine only, or a line with an alternative of imprisonment, the name could not be suppressed by law. " No general rule can be laid down for the guidance of the courts in the. .suppression \if names," concluded Mr. Mosley. " Each case must be treated on its merits. Publication is in some degree a method of punishment, and a measure of protection for thu public. The courts arc in existence for the pro-, lection of the public, for the prevention of wrong-doing, and for the reformation anil redemption of the offender. Wo hope in the end to strike at the very roof.s of criminality, and thus do away with a good many of the magistrates and judges, but I think that we will be needed for a good many years yet."