sec.194BCourt direction allowing publication before appeal

### sec.194B Court direction allowing publication before appeal This section applies to a person convicted of an offence who has— given a notice of appeal against the conviction to the Court of Appeal, the Supreme Court, the District Court, a Magistrates Court or the Childrens Court; or applied for leave to appeal against the conviction to the Court of Appeal. The person may apply to the relevant 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 obtaining evidence in support of the appeal; and the person is likely to suffer substantial injustice 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. In this section— relevant court means— if subsection (1) (a) applies—the court to which the notice of appeal has been given; or if subsection (1) (b) applies—the Court of Appeal or the Supreme Court. s 194B ins 2009 No. 34 s 7 (sec.194B-ssec.1) This section applies to a person convicted of an offence who has— given a notice of appeal against the conviction to the Court of Appeal, the Supreme Court, the District Court, a Magistrates Court or the Childrens Court; or applied for leave to appeal against the conviction to the Court of Appeal. (sec.194B-ssec.2) The person may apply to the relevant court for a direction that section 194 (1) does not apply in relation to a stated relevant person and stated offence. (sec.194B-ssec.3) The court may give the direction if satisfied— the direction is required for the purpose of obtaining evidence in support of the appeal; and the person is likely to suffer substantial injustice 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.194B-ssec.4) 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. (sec.194B-ssec.5) In this section— relevant court means— if subsection (1) (a) applies—the court to which the notice of appeal has been given; or if subsection (1) (b) applies—the Court of Appeal or the Supreme Court. - (a) given a notice of appeal against the conviction to the Court of Appeal, the Supreme Court, the District Court, a Magistrates Court or the Childrens Court; or - (b) applied for leave to appeal against the conviction to the Court of Appeal. - (a) the direction is required for the purpose of obtaining evidence in support of the appeal; and - (b) the person is likely to suffer substantial injustice 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. - (a) if subsection (1) (a) applies—the court to which the notice of appeal has been given; or - (b) if subsection (1) (b) applies—the Court of Appeal or the Supreme Court.