NSW Defendant's right to privacy during court proceedings and post-conviction?

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26 November 2020
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Hi,

I was just wondering whether a defendant's personal information is made available to the press by the court when they are undergoing a trial or post-conviction? In particular, their family information (the name of their wife or children?) I've googled and can't find anything. It seems unfair that the family of the defendant be named and shamed because of the action of a defendant. Any help you could provide would be greatly appreciated.
 

sammy01

Well-Known Member
27 September 2015
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Unlikey to mention any more than the convicted person's name and possibly the suburb where they live unless it is a crime against a child. Ultimately, what is gonna matter is whether or not the case is of enough interest for the media to get involved.

I know that in my little town the local newspaper will often have a column where they report petty crimes. But it is usually limited to stuff like 'a male who lives in ???? was charged with ???? on Saturday night and will face the local court on ????"
 
26 November 2020
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I am asking this for someone I know and care about who has a child that is a public figure. If the defendant is not a public figure, not named in any association and it was a high profile case, would the press be able to identify the defedants connection with his public figure child?
 

sammy01

Well-Known Member
27 September 2015
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Ok a little bit obscure.
So the media would need to think the thing is news worthy...
Is the defendent the parent of the child? IF so that is possibly newsworthy and the nature of the crime.

So most media outlets do have court reporters whose job it is to listen into cases or to check court registery for anything that might make a story. But based on the vague info provided I can't be any more specific and I do understand why you're being vague, so that isn't a criticism... You just don't wanna give anything away about this person's identity. I get that
 
26 November 2020
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The defendant is the parent of the child, but isn't identified in any media. I.E- There is no information about the relationship on wikipedia, social media, etc.

I guess what I want to know is if the family information of the defendant is read out in court?

I know it is very vague, and for obvious reasons, I can't really go into much detail. My friend is just panicked that the whole thing is going to bring media attention on his family. Thank-you so much for your reply. You don't know how much it means.
 

Atticus

Well-Known Member
6 February 2019
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I know it is very vague, and for obvious reasons, I can't really go into much detail. My friend is just panicked that the whole thing is going to bring media attention on his family.
Media are restricted on what they can publish under non publication & suppression orders.... These are automatic in some cases. Without divulging what the circumstances are on here, have a look at Table A in the following link .... If the circumstances relating to him are on that list, then the automatic non publication restriction should apply

Non-publication and suppression orders
 
26 November 2020
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I had a look at the above link and I don't think anything applies to his situation.

I guess I just wanted to know if they read out a defendant's personal information in court. He and his family are very private so there is no connection between them in print or online. However there would be government documents (birth certificates etc) that connect them. Would this likely be mentioned in court?

Thank you so much for the support everyone.