Name Suppression And Presumption Of Innocence

In its report Delivering Justice for All - A Vision for New Zealand Courts and Tribunals (NZLC R85, Wgtn.,.2004) the Law Commission addresses the issue of name suppression in the criminal courts, and recommends changes. Its reasoning starts with ‘the presumption that there should be name publication in criminal proceedings’, but concludes that, ‘since the Proctor (Prockter v R [1997] 1 NZLR 295 (CA)) decision in 1997, the law... does not appear to have given sufficient recognition to the presumption of innocence.’ The Commission finds it ‘difficult to discern ... the weight to be given to the presumption of innocence and in what circumstances the balance will tilt.’ This, it is argued, reflects a lack of understanding of the presumption of innocence, and of the nature of legal presumptions in general.