By Kylie Davis
Quite regularly I am asked by clients how the local newspapers are permitted to print the names and particulars of offences of those people who come before the local Court.
The answer is that during “Open Court” proceedings, such as your usual Monday morning weekly call over, Mr Joe Public (including Mr Journalist) is permitted to sit in Court and listen to proceedings as they occur.
The local newspapers have long considered it their duty to report these Open Court proceedings in the newspapers, considering it to be a ‘public service’ and to inform the public of the goings-on in their local area. Many clients have tried on a number of occasions to request the newspapers to leave their name out, however the newspapers refuse to do so.
The newspapers consider that what happens in Open Court is newsworthy and should be published, both as a tool to educate the public and to deter the public from committing an offence, in the knowledge that the offender will be ‘named and shamed’.
There are certain proceedings that cannot be made public, and these are offences which are heard in “Closed Court” such as matters involving Children or Domestic Violence.
If you do happen to appear in the “Shame List” in the local newspaper and there are incorrect details printed, you are entitled to an apology and a correction.
Until Next Month
Kylie
