sec.194ACourt direction allowing publication before examination of witnesses or trial

### sec.194A Court direction allowing publication before examination of witnesses or trial Before the start of an examination of witnesses or a trial, a defendant may apply to the court for a direction that section 194 (1) does not apply in relation to a stated relevant person and stated offence. The court may give the direction if satisfied— the direction is required for the purpose of inducing persons to come forward who are likely to be needed as witnesses at the examination or trial; and the conduct of the applicant’s defence at the examination or trial is likely to be substantially prejudiced if the direction is not given; and it would be appropriate to give the direction, having regard to the effect that publication may have on the relevant person. The court may state in the direction— the identifying information that may be published; or the extent to which, or way in which, the information may be published. A direction may allow publication only by newspaper advertisement. s 194A ins 2009 No. 34 s 7 (sec.194A-ssec.1) Before the start of an examination of witnesses or a trial, a defendant may apply to the court for a direction that section 194 (1) does not apply in relation to a stated relevant person and stated offence. (sec.194A-ssec.2) The court may give the direction if satisfied— the direction is required for the purpose of inducing persons to come forward who are likely to be needed as witnesses at the examination or trial; and the conduct of the applicant’s defence at the examination or trial is likely to be substantially prejudiced if the direction is not given; and it would be appropriate to give the direction, having regard to the effect that publication may have on the relevant person. (sec.194A-ssec.3) The court may state in the direction— the identifying information that may be published; or the extent to which, or way in which, the information may be published. A direction may allow publication only by newspaper advertisement. - (a) the direction is required for the purpose of inducing persons to come forward who are likely to be needed as witnesses at the examination or trial; and - (b) the conduct of the applicant’s defence at the examination or trial is likely to be substantially prejudiced if the direction is not given; and - (c) it would be appropriate to give the direction, having regard to the effect that publication may have on the relevant person. - (a) the identifying information that may be published; or - (b) the extent to which, or way in which, the information may be published. Example— A direction may allow publication only by newspaper advertisement.