Name suppression: Why a Whanganui judge might order it and why it should not be ignored

There are a number of reasons a judge might order name suppression for a defendant and there are also many that should deter people from breaching those orders. Photo / Bevan Conley

As the homicide investigation into the death of Jasmine Wilson continues those charged in relation to the case, like many cases before the court, continue to get name suppression.

Following Tuesday's court appearances there were calls on social media to "name and shame".

The Chronicle asked a Crown prosecutor Chris Wilkinson-Smith to explain why it is so important this doesn't happen.

Here's why name suppression can be so important.

Wilkinson-Smith cannot comment on this case specifically but said there were a number of potential risks if name suppression is breached.

"The case may be delayed or have to be shifted to another town or city. It may endanger people involved in the case and finally, the person or organisation risks being prosecuted for breaching the suppression," he said.

"[A person] can be prosecuted for breaching the suppression order. The punishment includes up to six months [in] prison and up to $100,000 for body corporate."

Wilkinson-Smith says breaching somebody's name suppression is a very serious offence.

"...in extreme cases the trial may not be able to proceed".

A court can make an order forbidding publication of a defendant's name, address or occupation for a number of different reasons.

It is up to a judge to determine whether or not publication of such details may cause extreme hardship to a defendant or victim.

The judge might also order name suppression if they believe publication might jeopardise a defendant's right to a fair trial or endanger someone's safety.

"If you are unsure whether your actions breach suppression orders, you should seek legal advice through your solicitor or a community law centre," Wilkinson-Smith said.