(1) This section applies if a defendant is charged with a prescribed sexual
offence.
(2) An eligible person may apply to a Magistrates Court for an order
(a
"non-publication order" ) prohibiting the publication, before the defendant is
committed for trial or sentence or sentenced on the charge, of identifying
matter relating to the defendant.
(3) The applicant must give 3 business
days’ notice of their intention to make the application to—
(a) the court;
and
(b) each other eligible person.
(4) However, the court may hear an
application for a non-publication order despite the failure of the applicant
to give notice under subsection (3) if the court is satisfied—
(a) there is
a good reason for notice not having been given under subsection (3) ; or
(b)
it is in the interests of justice that the court hear the application without
notice having been given under subsection (3) .
(5) Also, if the applicant is
the defendant, notice to the complainant—
(a) must not be given personally
by the defendant; and
(b) must be given by the prosecution giving a copy of
the notice to the complainant or another person nominated to receive
correspondence on the complainant’s behalf in relation to the matter.
(6)
Notice under subsection (5) may be given by electronic communication.
