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The purpose of this enactment is to protect persons accused of a
crime and their families from the effect of media reports that cause
public suspicion, speculation and outrage before guilt has been
established.
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Early publication of criminal proceedings can cause irreversible
harm that is not justified in the case of an accused who is later acquitted.
The enactment forbids publication of the identity of a person facing
charges before the initial finding of guilt or innocence by a court. The
enactment does not in any way impede the right of the public to attend
any court proceedings.
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An exception is provided to allow a judge to permit public disclosure
if the accused is avoiding arrest, has escaped custody or has breached
a probation order as this may be necessary to protect the public. Also it
is made clear that the enactment does not prevent disclosure within a
law enforcement context to allow police and other law enforcement
officers to share information for such purposes as investigation and for
proper screening of applicants for firearms acquisition.
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The preamble states Parliament`s determination that the resultant
restriction on freedom of expression, which is in effect a requirement to
delay publication, is demonstrably justified in a free and democratic
society, in order to protect the principle of presumption of innocence.
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